HomeMy WebLinkAbout08-21-1989 Minutes
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City of San Bernardino, California
August 21, 1989
The Regular Meeting of the Mayor and Common Council of the
Ci ty of San Bernardino was called to order by Mayor Holcomb at
8:30 a.m., on Monday, August 21, 1989, in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller;
Deputy City Attorney Roth, City Clerk Clark, Absent: Council
Members Estrada, Pope-Ludlam; City Administrator Julian.
INVOCATION
The Invocation was given by Monsignor John Bradley of St.
Bernardine's Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Miller.
RECESS MEETING - CLOSED SESSION
At 8:35 a.m., Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the meeting
be recessed to Closed Session for the following:
litigation
as there is
( 1)
To confer with its attorney regarding pending
pursuant to Government Code Section 54956.9(b)(1),
significant exposure to litigation;
To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9 (c), so that Council
may decide whether to initiate litigation; (2)
To consider personnel matters pursuant
Section 54957;
to Government Code
(3)
To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956 . 9 (a) which has been
initiated formally to which the City is a party as follows: (4)
Citv of San Bernardino vs. California Construction Manaaement.
Inc.. et al - San Bernardino Superior Court Case No. 238755;
Saldecke. et al vs. Citv of San Bernardino. et al San
Bernardino Superior Court Case No. 236836;
Cable Lake Association vs. City of San Bernardino San
Bernardino Superior Court Case No. 239714 and Case No. 239649;
Citv of San Bernardino vs. San Bernardino Baseball Club. Inc.
- San Bernardino Superior Court Case No. 239193;
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,:
Stubblefield
Bernardino. et
232998;
Construction Companv.
al San Bernardino
et al vs. Citv of
Superior Court Case
San
No.
Juan Manuel Sanchez vs. City of San Bernardino - United States
District Court Case No. CV87-229l AWT (Bx);
Charles H. Brown vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 243087;
Sock Dawson. et al vs. Citv of San Bernardino. et al - United
States District Court - Case No. SA 88-461 AHS (RWRx);
Barron/Alcarez vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 241692;
Barratt. Inc.. vs. Ci tv of San Bernardino - San Bernardino
Superior Court Case No. 242433;
Revnolds vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 248752;
Dudlev Brewster. et al vs. Southern Pacific Railroad. et al-
San Bernardino Superior Court Case No. 249736;
City of San Bernardino vs. Patel - San Bernardino Superior
Court Case No. 250473;
Save San Bernardino vs. Citv of San Bernardino San
Bernardino Superior Court Case No. 250425;
Henry Harris vs. Citv of San Bernardino. et al - United States
District Court Case No. CV-87-04882 JSL (Gx);
Arriaaa vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 247466;
Citv of
Conservation
231481.
San Bernardino vs. San Bernardino Vallev Water
District - San Bernardino Superior Court Case No.
CLOSED SESSION
At 8:35 a.m., the Closed Session was called to order by Mayor
Holcomb in the Conference Room of the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller;
Deputy City Attorney Roth, City Clerk Clark. Absent: Council
Members Estrada, Pope-Ludlam; City Administrator Julian.
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Also present were: Assistant City Attorney Brue, Jess Arias of
McLachlan, Burford and Arias.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:37 a.m., Council Member Pope-Ludlam arrived at the Closed
Session.
CITY ADMINISTRATOR JULIAN ARRIVED
At 8:45 a.m., City Administrator Julian arrived at the Closed
Session.
ATTORNEY JOEL MOSCOWITZ
At 9:00 a.m., Joel
Department, arrived at the
ARRIVED
Moscowitz, attorney
Closed Session.
Water
for
the
CITY ATTORNEY PENMAN ARRIVED
At 9:10 a.m., City Attorney Penman arrived at the Closed
Session.
ADJOURN CLOSED SESSION
At 9:30 a.m., the Closed Session was adjourned to the Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
READING OF THE RESOLUTIONS
City Clerk Clark read the titles of the resolutions on the
Council Regular and Supplemental Agendas.
RECONVENE MEETING
At 9:30 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 with the following being present:
Holcomb; Council Members Reilly, Flores, Maudsley, Minor,
Ludlam, Miller; City Attorney Penman, City Clerk Clark,
Administrator Julian. Absent: Council Member Estrada.
Mayor
Pope-
City
PRESENTATIONS
Lorraine Velarde, Executive Assistant to the Mayor, presented a
Resolution of the Mayor of the City of San Bernardino to Ms.
Guadalupe Quintanilla, Assistant Vice President of Academic
Affairs, University of Houston, for her Cross Cultural
Communications booklet. Copies of the booklet were given the
Mayor and Council Members. (B)
San Bernardino County Sheriff Floyd Tidwell was present to
support the program.
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WEST 25TH STREET - BETWEEN "E" STREET AND ARROWHEAD AVENUE -
AUTHORIZE DESIGNATION AS AN HISTORICAL SITE
In a memorandum dated August 9, 1989, Thelma Press, Director
of Cultural and International Affairs, requested that the area of
West 25th Street between "E" Street and Arrowhead Avenue be
designated an historical site. The two-block exceptionally wide
street area includes approximately thirty homes, the majority of
which were built during the early 1900' s and are of Spanish or
Early California Styles. A petition carrying the signatures of 41
residents of this street who request its historical designation
was attached. (13)
Thelma Press, Director of Cultural and International Affairs,
briefed the Council on the history and background of the homes in
this area. She introduced Ms. Jeannie Jones and Mrs. McNamara,
who have been researching the history of these homes.
Ms. Jones requested that, on behalf of the residents of 25th
Street, the Council designate this area as an historical site.
Council Member Miller made a motion, seconded by Council
Member Minor and unanimously carried, that the area of West 25th
Street between "E" Street and Arrowhead Avenue be designated an
historical site.
RECESS MEETING - DEDICATION OF WATER TREATMENT FACILITY
At 9:45 a.m., Council Member Miller made a motion, seconded by
Council Member Reilly and unanimously carried, that the Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino recess to attend a dedication ceremony of the new
Waterman Water Treatment Facility.
RECONVENE MEETING
At 10:55 a.m., the Regular Meeting of the Mayor and Common
Council of the City of San Bernardino reconvened in 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
Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy
City Clerk Medina, City Administrator Julian. Absent: Council
Member Estrada.
APPROVAL OF COUNCIL MINUTES - MAY 22, 1989 - JUNE 19, 1989
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the minutes of the
meetings of the Mayor and Common Council of the City of San
Bernardino held on May 22, 1989, and June 19, 1989, be approved as
submitted in typewritten form. (5)
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WAYS AND MEANS COMMITTEE REPORT - AUGUST 14, 1989
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the report from the
Ways and Means Committee meeting held on August 14, 1989, be
received and filed. The following topics were discussed: (6)
a. Report on cultural fees;
b. Proposed increase in medical transportation rates;
c. Senior citizens rate for refuse pick-up.
AMBULANCE RATE INCREASE - COURTESY SERVICES
In a memorandum dated August 15, 1989, Marshall Julian, City
Administrator, stated that the Bureau of Franchises recommended
the approval of the request of Courtesy Ambulance Services for
medical transportation rate increases as outlined in a memorandum
dated August 11, 1989, from Business License Supervisor Gagnon.
The ways and Means Committee reviewed the proposed rate increases
and also recommended their adoption. (7)
Council Member Flores made a motion, seconded by Council
Member Mauds1ey and unanimously carried, that a public hearing be
scheduled for September 6, 1989, at 10:00 a.m., for the purpose
of discussing the proposed increase in medical transportation
rates; that the City Clerk be authorized to publish notice of a
public hearing in the San Bernardino Sun newspaper; and that the
City Attorney be directed to prepare a resolution incorporating
the rates recommended by the ways and Means Committee for
consideration following the close of the public hearing.
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BINGO - REQUEST FROM KNIGHTS OF COLUMBUS TO INCREASE
THE BINGO SESSIONS PER WEEK
In a memorandum dated August 8, 1989, Marshall Julian, City
Administrator, stated that a request has been received from the
Knights of Columbus to increase their bingo session from two per
week to three per week and to raise the per session prize limit to
$10,000. (9)
Approval of this request would necessitate a change in the San
Bernardino Municipal Code.
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the request of the
Knights of Columbus to increase bingo sessions from two per week
to three per week and raising the per session prize limit to
$10,000, be referred to the Legislative Review Committee.
CITY CLERK CLARK RETURNED
City Clerk Clark returned to the Council Meeting.
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GROWTH MANAGEMENT TASK FORCE - AUTHORIZE THE APPOINTMENT
BY THE CITY ADMINISTRATOR
In a staff report dated August 2, 1989, James Richardson,
Deputy City Administrator/Development Services, reported that the
Legislative Review Committee recommended the formation of a
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Growth Management Task Force composed of City staff who would make
periodic reports to the Legislative Review Committee. Formation
of this task force would demonstrate a commitment to a growth
management policy without burdening staff with a new priority that
could jeopardize General plan implementation measures, as well as
other City priorities. (11)
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the City
Administrator appoint a Growth Management Task Force to formulate
and report on a growth management policy for review by the
Legislative Review Committee.
URBAN FOREST PROGRAM - APPROVAL OF IMPLEMENTATION -
REPEAL OF MORATORIUM ON STREET TREE PLANTING
In a staff report dated July 27, 1989, Mayor Holcomb requested
approval, in principal, of the implementation of the Urban Forest
Program for San Bernardino. He stated that he had the
opportunity to observe the Urban Forest Program in the City of
Charleston and that this is a very successful and popular program
that could easily be replicated here. The program was reviewed by
Annie Ramos, Director of Parks, Recreation and Community Services,
who agreed that the program is effective. (14)
In a memorandum dated July 7, 1989, to Mayor Holcomb, Annie
Ramos, Director of Parks, Recreation and Community Services,
stated that a tree planting moratorium was implemented by the
Council in 1984. In order to implement the new Urban Forest
Program, the moratorium would need to be repealed.
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, to approve, in
principal, the implementation of the Urban Forest Program in San
Bernardino, and to repeal the moratorium on street tree planting.
(Urgency resolution was adopted later in the meeting - See Page
21)
LA PLAZA PARK MONUMENT SIGN APPROVAL - FIRST WARD PARK
EXTENSION FUNDS
In a memorandum dated August 4, 1989, Annie Ramos, Director of
Parks, Recreation & Community Services, requested approval of
$5,200 from the First Ward Park Extension funds for the
construction and installation of a monument sign for La Plaza
Park. This park located at 6th Street and Mt. Vernon Avenue gets
heavy public use by the surrounding neighborhoods. It has also
been utilized in the past for Cinco De Mayo celebrations, drawing
several thousand participants. Due to its location on a major
thoroughfare, the park is viewed daily by thousands of motorists.
(15)
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Council Member Flores made
Member Maudsley and unanimously
$5,200 from the First Ward
construction and installation of
be approved.
a motion, seconded by Council
carried, that the expenditure of
Park Extension Fund for the
a monument sign for La Plaza Park
ANNE SHIRRELLS PARK ADJACENT PROPERTY - AUTHORIZATION TO
SEEK APPRAISAL OF PROPERTY
In a memorandum dated August 3, 1989, Annie Ramos, Director of
Parks, Recreation and Community Services, reported that the
Department received a Community Development Block Grant of
$189,000 for the next phase of property acquisition for the
continued development of Anne Shirrells Park. The next property
to be purchased is a 7,500 square foot lot located adjacent to
the southeast corner of the park. The last appraisal of the
property was completed in 1984. Therefore, it is recommended
that a new appraisal be acquired at this time in order to make an
appropriate purchase offer. ( 16)
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Real Property
Section of Public works Department be authorized and directed to
acquire an appraisal of property located adjacent to the
southeast corner of Anne Shirrells Park.
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CITY SEWER SYSTEM - SOUTH SIDE OF MEYERS ROAD 5,600
FEET WESTERLY OF LITTLE LEAGUE DRIVE - WAIVER OF
REQUIREMENT TO CONNECT - COMMONWEALTH EQUITY CORPORATION
In a memorandum dated August 8, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a request has
been received from Commonwealth Equity Corporation for a waiver
of the requirement for APN 348-101-10 to connect to the City
sewer system. The parcel consists of 13.75 acres and is located
on the south side of Meyers Road, about two miles from the City
sewer system. (18)
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the request from
Commonwealth Equity Corporation for a waiver of the requirement
to connect to the City sewer system for APN 348-101-10, located
on the south side of Meyers Road, approximately 5,600 feet
westerly of Little League Drive, be approved.
CITY SEWER SYSTEM - 4351 WEST MEYERS ROAD -WAIVER OF
REQUIREMENT TO CONNECT - ROBERT CARRILLO
In a memorandum dated August 2, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a request has
been received from Mr. Robert Carrillo for a waiver of the
requirement for 4351 West Meyers Road to connect to the City sewer
system. The parcel consists of five acres located about two
miles from the City sewer system. (19)
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Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the request from
Mr. Robert Carrillo, for a waiver of the requirement to connect
to the City sewer system for 4351 West Meyers Road, be approved.
SEWER LINES - JEFFERSON AVENUE & HAZEL AVENUE, BETWEEN
"I" AND "J" STREETS - NEGATIVE DECLARATION, FINDING OF
CONSISTENCY WITH THE UTILITIES ELEMENT OF THE
GENERAL PLAN
In a memorandum dated July 26, 1989, Roger Hardgrave, Director
of Public works/City Engineer, stated that the Negative
Declaration for Public Works Project No. 89-25, sewer line
installation in Jefferson and Hazel Avenues, was recommended for
adoption by the Environmental Review Committee. A 14-day public
review period was afforded and no comments were received.
(20)
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Negative
Declaration for Public Works Project No. 89-25, installation of
sewer lines in Jefferson Avenue and Hazel Avenue, between "I"
Street and "J" Street, be adopted; and that a finding be made
that the installation of these sewer lines is consistent with the
Utilities Element of the General Plan.
ALLEY VACATION - TWO ALLEYS BETWEEN MASSACHUSETTS AND
GARNER AVENUES, BETWEEN 15TH AND 16TH STREETS - NEGATIVE
DECLARATION, FINDING OF CONSISTENCY WITH THE CIRCULATION
ELEMENT OF THE GENERAL PLAN
In a memorandum dated July 26, 1989, Roger Hardgrave, Director
of Public Works/City Engineer, stated that the Negative
Declaration for Public Works Project No. 89-21, the vacation of
two alleys located between Massachusetts and Garner Avenues, and
between 15th and 16th Streets, was recommended for adoption by the
Environmental Review Committee. A 14-day public review period was
afforded and no comments were received. (21)
Council Member Flores, made a motion, seconded by Council
Member Mauds1ey, and unanimously carried, that the Negative
Declaration for Public Works Project No. 89-21, vacation of two
east/west alleys between Massachusetts and Garner Avenues and
between 15th and 16th Streets, be adopted; and that a finding be
made that the vacation of these alleys is consistent with the
Utilities Element of the General Plan.
SEWER LINES - NEWMARK & ELECTRIC AVENUES, BETWEEN
38TH, 39TH & 40TH STREETS - NEGATIVE DECLARATION,
FINDING OF CONSISTENCY WITH THE UTILITIES ELEMENT
OF THE GENERAL PLAN
In a memorandum dated July 26, 1989, Roger Hardgrave, Director
of Public Works/City Engineer, stated that the Negative
Declaration for Public Works Project No. 89-26, the installation
of sewer lines in Newmark and Electric Avenues, was recommended
for adoption by the Environmental Review Committee. A 14-day
public review period was afforded and no comments were received.
(22)
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Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Negative
Declaration for Public Works Project No. 89-26, installation of
sewer lines in Newmark Avenue between 38th Street, 39th Street and
40th Street, be adopted; and that a finding be made that the
installation of these sewer lines is consistent with the
Utilities Element of the General Plan.
PERRIS HILL PARK IMPROVEMENTS - APPROVAL OF PLANS -
AUTHORIZATION TO ADVERTISE FOR BIDS
In a staff report dated August 7, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, reported that plans for
the construction of a concrete block restroom building, new
electrical service, drinking fountains and sidewalk in perris Hill
Park have been prepared by the Engineering Division, and the
project is ready to be advertised for bids. The total project cost
estimate is $245,000. (23)
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the plans for
construction of various improvements in Perris Hill Park, in
accordance with Plan No. 7556, be approved; and that the Director
of Public Works/City Engineer be authorized to advertise for bids.
CLAIMS AND PAYROLL
Pursuant to a memorandum dated August 14, 1989, from Andrew
Green, Director of Finance, Council Member Flores made a motion,
seconded by Council Member Maudsley 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. (24)
PERSONNEL ACTIONS
Pursuant to a memorandum dated August 10, 1989, from Roger C.
DeFratis, Civil Service Chief Examiner, Council Member Flores
made a motion, seconded by Council Member Maudsley and
unanimously carried, that the Personnel Actions submitted by the
Chief Examiner, in accordance with all administrative regulations
of the City of San Bernardino, be approved. (25)
Council Member Flores made a
Member Maudsley and unanimously
resolutions be adopted:
motion,
carried,
seconded by Council
that the following
RES. 89-318 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU
WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF
$100,000 OVER THE TERM OF THIS AGREEMENT. (26)
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RES. 89-319 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE
SAN BERNARDINO COMMUNITY AGAINST DRUGS WHERE THE
CITY SHALL PROVIDE THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS THE SUM OF $44,500 FOR FISCAL YEAR
1989-90 FUNDING. (27)
RES. 89-320 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING WITH THE HIGHLAND
SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING,
INC. , RELATING TO A NUTRITION FOR SENIORS
PROGRAM. (29)
RES. 89-321 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED
IN PART "A RESOLUTION.. . CREATING AND ESTABLISHING
POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY
OF SAN BERNARDINO" ; BY ADDING ONE ACCOUNTING
TECHNICIAN POSITION; AND DELETING 1 ACCOUNT CLERK
III POSITION IN THE FINANCE DEPARTMENT. (31)
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RES. 89-322 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED
IN PART "A RESOLUTION... PROHIBITING PARKING UPON
CERTAIN DESIGNATED STREETS OR PORTIONS
THEREOF. . ." TO ESTABLISH A NO PARKING ANY TIME
ZONE ON LITTLE MOUNTAIN DRIVE, BETWEEN TWENTY-
SEVENTH STREET AND A POINT 1465 FEET NORTH OF
TWENTY-SEVENTH STREET, APPLICABLE TO THE WEST SIDE
ONLY; LITTLE MOUNTAIN DRIVE, BETWEEN FORTY-EIGHTH
STREET AND NORTHPARK BOULEVARD. (32)
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RES. 89-323 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED
SECURITY AND MAINTENANCE IN THE AREA OF HIGHLAND
AVENUE AND ARDEN AVENUE, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID SECURITY AND
MAINTENANCE KNOWN AS ASSESSMENT DISTRICT NO. 990,
ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 SHALL
NOT APPLY. (33)
RES. 89-324 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ASSESSING CERTAIN PARCELS OF REAL
PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON
SAID PROPERTIES. (579 N. Cabrera Street - Case No.
89 VAP-215-05) (35)
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RES. 89-325 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL, CITY OF SAN BERNARDINO, APPROVING A
REQUEST FOR A 25' WIDE TRANSMISSION LINE EASEMENT
FROM SOUTHERN CALIFORNIA EDISON COMPANY, A
CORPORATION, LYING WITHIN CITY OWNED PROPERTY AT
THE WASTEWATER TREATMENT PLANT. (36)
RES. 89-326 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL, CITY OF SAN BERNARDINO, GRANTING A 25'
ROAD EASEMENT TO THE CITY OF RIVERSIDE, A
MUNICIPAL CORPORATION WITHIN CITY OWNED PROPERTY
AT THE WASTEWATER TREATMENT PLANT. (37)
Resolution Nos. 89-318, 89-319, 89-320, 89-321, 89-322, 89-
323, 89-324, 89-325 and 89-326 were adopted by the following
vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: Council Member
Estrada.
CENTRAL CITY FOUR THEATRES - GAMES OF AMUSEMENT APPLICATION
APPROVAL - MARTHA HAGEMAN, GENERAL AMUSEMENT CORPORATION
An application for a Business License dated May 10, 1989, was
completed and submitted for approval by Martha Hageman of General
Amusement Corporation in order to have video games at the Central
City Four Theatres. (12)
. In a memorandum dated June 14, 1989, Don Burnett, Chief of
Police, recommended that application be approved.
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City Administrator Julian answered questions concerning
problems associated with video games, stating, that Sam Catalano
of the Central City Mall notified him that he has no objections to
the installation of these games.
City Administrator Julian stated that the video machines are
going to be set up inside the theatre so that only patrons of the
theatre can use the games.
Council Member Maudsley made a motion, seconded by Council
Member Reilly and unanimously carried, that the Games of
Amusement application submitted by General Amusement Corporation,
for the placement of video games (not to exceed 5) at Central City
4 Theatres, be approved.
READING AND WAIVING OF RESOLUTIONS
Council Member Flores made a motion, seconded by Council
Member Miller and unanimously carried, that further reading of
all the resolutions on the Regular and Supplemental Agendas be
waived.
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RES. 89-327 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE
CITY'S UTILIZATION OF THE SHERIFF'S
INMATE/WEEKEND WORK PROGRAM. (30)
A discussion ensued regarding the Sheriff's Inmate/Weekend
program.
Council Member Minor made a motion seconded by Council Member
Flores, that said resolution be adopted.
Resolution No. 89-327 was adopted by the following vote: Ayes:
Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: Council Member Estrada.
RES. 89-328 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
DEVELOPMENT AGREEMENT WITH THE HENDERSON
DEVELOPMENT COMPANY, INC. , RELATING TO
INSTALLATION OF STREET IMPROVEMENTS ADJACENT TO
THE PROPERTY BETWEEN NINTH STREET AND OLIVE
STREET, AND WEST OF VALENCIA AVENUE. (34)
Senior Assistant City Attorney answered questions regarding
this resolution.
. Council Member Reilly made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution No. 89-328 was adopted by the following vote: Ayes:
Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: Council Member Estrada.
TELECOMMUNICATIONS BUDGET - INCREASE IN REVENUE AND
EXPENDITURES
In a memorandum dated August 11, 1989, James Robbins, Deputy
City Administrator, provided recommendations for the use of
increased revenue due to the one percent increase in the cable
telecommunications franchise fee adopted under Ordinance Mc-677 on
July 17, 1989. (8)
Dean Gray, Director of Telecommunications, answered questions
regarding telecommunications and the availability of additional
cable channels.
Mayor Holcomb stated that additional equipment is needed to
upgrade the telecommunications. He suggested obtaining the
equipment on a lease purchase agreement, which would expedite
upgrading the communications.
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Council Member Miller made a motion, seconded by Council
Member Flores and unanimously carried, that 1) the franchise
revenue accounts be increased to reflect an additional $153,125 in
revenue, and 2) Fund 107, Department 105, Cable TV Administration
budget of expenditures be adjusted as follows:
Personal Services
Equipment
TOTAL
$ 8,925
144.200
$153,125
UNREINFORCED MASONRY BUILDING SURVEY - STATE LEGISLATION
SB-547 - AUTHORIZATION TO ADVERTISE FOR PROPOSALS
In a staff report dated July 26, 1989, Larry Reed, Director of
Building and Safety, requested authorization to advertise for
proposals regarding a survey on unreinforced masonry buildings to
provide necessary technical information for the City to comply
with State Legislation SB-547. (10)
Building and Safety Director Reed answered questions regarding
the interim policy requirement of obtaining structural analysis
before obtaining a building permit.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Reilly and unanimously carried, that the Director of
Building and Safety be authorized to advertise for proposals to do
an unreinforced masonry buildings survey.
.
POLICE DEPARTMENT - SIX ADDITIONAL DISPATCHER POSITIONS -
ONE ADDITIONAL DISPATCH SUPERVISOR POSITION AND ONE
POLICE RECORDS CLERK I POSITION
In a memorandum dated, August 7, 1989,
Chief of Police, provided information
understaffing of Police Communications.
Donald
regarding
J. Burnett,
the severe
(17 )
Captain Dan Robbins answered questions as to why the Personnel
Committee did not review this request. He also answered questions
regarding the possibility that the additional dispatch positions
could result in a larger backlog of calls for police officers.
A discussion ensued regarding the source of funding for
additional personnel.
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that approval be given
to create six additional Dispatcher positions, one additional
Dispatch Supervisor position, and one Police Records Clerk I
position, as submitted in the 1989/90 Budget, Expanded Program;
and that the Director of Personnel be directed to prepare the
necessary amendments to Resolution No. 6433.
.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC.,
REGARDING LEASE OF FISCALINI FIELD. (28)
13 8/21/89
.
.
.
City Attorney Penman stated that negotiations are still
progressing and requested that this item be continued.
Council Member Maudsley made a motion, seconded by Council
Member Reilly and unanimously carried, that said resolution be
continued to September 18, 1989, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
PROTEST HEARING - PROPOSED STREET VACATION PORTIONS OF
MAIN STREET AND BROADWAY, BETWEEN "I" AND "J" STREET -
CONTINUED FROM JULY 5, 1989
This is the time and place continued to for a protest hearing
concerning the vacation of portions of Main and Broadway Streets,
between "I" and "J" Streets. (38)
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, to continue this protest
hearing to this afternoon at 2:00 p.m. (See Page 22)
ANNEXATION OF TERRITORY GENERALLY LOCATED SOUTH OF
RIALTO AVENUE, WEST OF TIPPECANOE AVENUE - LAFCO 2541
This is the time and place set for a public hearing regarding
the annexation of territory located south of Rialto Avenue, west
of Tippecanoe Avenue, identified as LAFCO 2541. (39)
In a memorandum dated July 25, 1989, Roger Hardgrave, Director
of Public Works/City Engineer, stated that on November 11, 1988,
authorization was given to proceed with the proposed annexation of
the area generally located south of Rialto Avenue, west of
Tippecanoe Avenue, as a result of a petition received by the City
from a property owner who represents 50 percent of the area
proposed for annexation. Resolution No. 89-111 was adopted on
April 17, 1989, making formal application to the Local Agency
Formation Committee (LAFCO).
In a letter dated August 15, 1989, Harold Miller, 22840 Calvert
Street, Woodland Hills, CA 91367, opposed the annexation.
In a letter received August 18, 1989, Phillip Gaston, 24811 E.
Rialto Avenue, San Bernardino, also opposed the annexation.
In a letter dated August 18, 1989, Salvatore LeBarbara, 24795
E. Rialto Avenue, San Bernardino, opposed the annexation.
The Mayor opened the hearing.
Steve Mason, 24755 E. Rialto Avenue, spoke on behalf of the
property owners on Rialto Avenue, stating that the majority of
them are against the annexation. He stated that there is only one
person who is in a favor of the proposed annexation. Mr. Mason
stated that he does not see the annexation as a benefit regarding
police or fire help to the area.
14
8/21/89
.
Phillip Gaston, 24811 E. Rialto, spoke in opposition to the
proposed annexation, because he does not want to another layer of
government.
George and Muriel Johnson, 24753 E. Third Street at Rialto
Avenue, answered questions regarding their opposition to the
annexation, stating that their major concern is to be able to
retain their pets.
Salvatore LeBarbara, 24795 E. Rialto, is opposed to the
annexation, as he has had problems with the private water company.
Roger Hardgrave, Director of Public works/City Engineer,
stated that he received a request from Jose Santano for
annexation of the southerly 10 acres in the area. This request
was presented and LAFCO recommended that the City enlarge the
annexation area to the center line of Rialto Avenue to close in
the gap and make a logical annexation boundary.
Mayor Holcomb answered questions of Mr. Mason, stating that the
boundary lines are set by LAFCO, which supervises annexations.
City Attorney Penman stated that
the annexation was made by the
protests, which constituted less
valuation of the proposed annexation
the determination to approve
property owners filing the
than 50% of the assessed
area.
.
Mr. Hardgrave stated that as of the morning of August 21,
1989, four letters of protest were received, which amounted to
12.13% of the assessed value. If the Johnson's reply is
considered a protest, it will raise it to 21.34% of the assessed
value.
Council Member Reilly made a motion, seconded by Council
Member Flores, that the public hearing to receive, consider and
rule upon written protests in the matter of annexation of the
territory generally located south of Rialto Avenue, west of
Tippecanoe Avenue, designated LAFCO 2541, be closed.
The motion carried by the following vote: Ayes: Council Members
Reilly, Flores, Maudsley, pope-Ludlam, Miller. Noes: Council
Member Minor. Absent: Council Member Estrada.
RES. 89-329 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO DETERMINING THAT LESS THAN FIFTY
PERCENT PROTESTS HAVE BEEN FILED AND APPROVING
ANNEXATION NO. 340 (LAFCO 2541) FOR THE TERRITORY
GENERALLY LOCATED SOUTH OF RIALTO AVENUE, WEST OF
TIPPECANOE AVENUE AND DETACHMENT FROM CSA 38, CSA
70 AND CSA SL-1. (39)
Council Member Reilly made a motion, seconded by Council
Member Flores, that said resolution be adopted.
.
15
8/21/89
Resolution No. 89-329 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam,
Miller. Noes: Council Member Minor. Absent: Council Member
Estrada.
.
Council Member Miller made a motion, seconded by Council
Member Reilly and unanimously carried, that the motion concerning
the annexation of LAFCO 2541, be amended to include the
following: for the purposes of this annexation, it is agreed
that all existing animals owned by the residents in the area to
be annexed, will be grandfathered into the City.
PROTEST HEARING - ASSESSMENT DISTRICT NO. 991 -
LANDSCAPE MAINTENANCE - VERDEMONT AVENUE AND OLIVE
AVENUE
This is the time and place set for a protest hearing regarding
the proposed creation of Assessment District No. 991 for landscape
maintenance in the Verdemont Avenue and Olive Avenue area. (40)
In a memorandum dated July 27, 1989, Roger Hardgrave, Director
of Public works/City Engineer, stated that the proposed
Assessment District No. 991 is a result of a requirement of the
subdivision and a request from the owner-developers of the
verdemont and Olive area.
.
Council Member Minor made a motion, seconded by Council Member
pope-Ludlam and unanimously carried, that the protests, if any, be
overruled; that the hearing be closed, and find and determine that
the public convenience and necessity require the proposed
landscape maintenance in the Verdemont Avenue and Olive Avenue
area, and that the Special Assessment, Investigation and
Limitation Act of 1931 shall not apply (4/5ths roll call vote is
required); that further reading of the following resolution be
waived, and that said resolution be adopted:
RES. 89-330 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED
MAINTENANCE OF IMPROVEMENTS IN THE AREA OF
VERDEMONT AVENUE AND OLIVE AVENUE, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 991,
ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT
APPLY. (40)
Resolution No. 89-330 was adopted by the following
Council Members Reilly, Flores, Maudsley, Minor,
Miller. Noes: None. Absent: Council Member Estrada.
vote: Ayes:
Pope-Ludlam,
.
16
8/21/89
.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - ADJOURNED REGULAR MEETING
At 11:45 a.m., the Regular Meeting of the Community
Development Commission/Redevelopment Agency was called to order
by Chairman Holcomb in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
JOINT POWERS FINANCING AUTHORITY
In an agenda item dated August 17, 1989, Steven H. Dukett,
Executive Director, Redevelopment Agency, requested authorization
regarding the Joint Powers Financing Authority. (RS-2)
James Iverson, Senior Vice President of Miller and Schroeder
Financial Consultants, 505 Lomas Santa Fe Drive, Suite 100, Solano
Beach, California, 92075, explained the purpose of the Joint
Powers Financing Authority, which would consolidate ten
outstanding bond issues into two bond issues. The JPFA is to
consist of the existing Council Members. His firm will proceed
with the refunding of a series of outstanding debts and proceed
with putting the Collateralized Mortgage Obligation Bonds in
place.
City Clerk Clark read the titles of the resolutions on the
Community Development Commission/Redevelopment Agency Supplemental
and Regular Agendas.
.
RES. 89-331 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING
THE FORMATION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY, APPROVING THE FORM OF THAT
CERTAIN JOINT EXERCISE OF POWERS AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND THE CITY OF SAN BERNARDINO AND
AUTHORIZING AND DIRECTING THE EXECUTION THEREOF.
(RS-2A)
Council Member Miller made a motion, seconded by Council
Member pope-Ludlam and unanimously carried, that further reading
of the resolution be waived and that said resolution be adopted.
Resolution
Ayes: Council
Ludlam, Miller.
No. 89-331 was adopted by the following vote:
Members Reilly, Flores, Maudsley, Minor, Pope-
Noes: None. Absent: Council Member Estrada.
Council Member Miller made a motion, seconded by Council Member
Pope-Ludlam and unanimously carried, that further reading of the
following resolutions be waived and that said resolutions be
adopted.
.
17
8/21/89
.
RES. 89-332 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING
THE BORROWING OF FUNDS FROM THE SAN BERNARDINO
JOINT POWERS FINANCING AUTHORITY IN THE AMOUNT OF
NOT TO EXCEED $40,000,000, AUTHORIZING AND
DIRECTING EXECUTION OF RELATED LOAN AGREEMENT,
AMENDED AND RESTATED LOAN SERVICING AGREEMENT,
ESCROW AGREEMENT AND CLOSING DOCUMENTS, AS
REQUIRED (TAXABLE COLLATERALIZED MORTGAGE BONDS,
1989 SERIES A). (RS-2C)
RES. 89-333 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE LEASE OF CERTAIN PREMISES FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND AUTHORIZING AND DIRECTING EXECUTION
OF RELATED LEASE AGREEMENT [PUBLIC FACILITIES
LEASE REVENUE BONDS, 1989 SERIES A (CENTRAL CITY
LIBRARY AND FIRE STATION)]. (RS-2F)
Resolutions Nos. 89-332 and 89-333 were adopted by the
following vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member
Estrada.
.
JPFA U - RESOLUTION OF THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $40,000,000 PRINCIPAL
AMOUNT OF TAXABLE COLLATERALIZED MORTGAGE BONDS
(SERIES 1989-A), AUTHORIZING AND DIRECTING
EXECUTION OF RELATED INDENTURE OF TRUST, LOAN
AGREEMENT, AMENDED AND RESTATED LOAN SERVICING
AGREEMENT AND PURCHASE CONTRACT AUTHORIZING SALE
OF BONDS, APPROVING PRELIMINARY OFFICIAL STATEMENT
AND OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL
ACTION. (RS-2E)
JPFA #2 - RESOLUTION OF THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $12,500,000 PRINCIPAL
AMOUNT OF PUBLIC FACILITIES LEASE REVENUE BONDS,
1989 SERIES A (CENTRAL CITY LIBRARY AND FIRE
STATION REFUNDINGS), AUTHORIZING AND DIRECTING
EXECUTION OF RELATED INDENTURE OR TRUST, LOAN
AGREEMENT AND PURCHASE CONTRACT, AUTHORIZING SALE
OF BONDS, APPROVING PRELIMINARY OFFICIAL STATEMENT
AND OFFICIAL STATEMENT AND RELATED CLOSING
DOCUMENTS AND AUTHORIZING OFFICIAL ACTION.
(RS-2H)
.
18
8/21/89
.
JPFA Jt3 - RESOLUTION OF THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $17,000,000 PRINCIPAL
AMOUNT OF TAX ALLOCATION BONDS, 1989 SERIES A
(STATE COLLEGE PROJECT REFUNDINGS), AUTHORIZING
AND DIRECTING EXECUTION OF RELATED INDENTURE OF
TRUST, LOAN AGREEMENT AND PURCHASE CONTRACT,
AUTHORIZING SALE OF BONDS, APPROVING PRELIMINARY
OFFICIAL STATEMENT AND OFFICIAL STATEMENT AND
RELATED CLOSING DOCUMENTS AND AUTHORIZING OFFICIAL
ACTION. (RS-2J)
Resolutions Nos. J-1, J-2 and J-3 were adopted by the following
vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
TRAFFIC STUDY PROPOSAL - WATERMAN, NORTH OF 30TH
HARRISON CANYON FREEWAY, NORTH OF CROSSTOWN FREEWAY -
BOARD OF REALTORS PETITION
In a memorandum dated August 14, 1989, Marshall Julian, City
Administrator, presented a petition consisting of 42 names,
requesting that action be taken to reduce the volume and speed of
traffic on Waterman Avenue between 40th and the Crosstown Freeway
in order to protect students of Golden Valley Jr. High and
Parks ide Elementary Schools. (47)
.
In a letter dated July 5, 1989, Monte Snyder, President, San
Bernardino Valley Board of Real tors, requested a transportation
study regarding the proposed Harrison Canyon Freeway north of the
Crosstown Freeway.
Jim Lynas, 1160 E. Sonora Street, suggested that the speed
limit be reduced to 35 MPH maximum limit on North Waterman from
the freeway north to the Sierra Way intersection, with appropriate
signs to give warning to truck drivers. He also suggested that
the Council consider a universal 35 MPH traffic speed limitation
throughout the City and that a pedestrian overpass be constructed
for the children attending the elementary school nearby.
It was noted that City Engineer Hardgrave contacted the State
to request a speed limit change. The State replied that
according to a survey conducted in 1987, there is not sufficient
traffic to institute a 35 MPH limit. Mr. Hardgrave has now
requested that the State conduct a new survey. The results of
that survey have not been received.
No formal action was taken.
(See page 22)
PUBLIC COMMENTS - THE SWORD
A citizen identifying himself as the Anti-Christ Spiritual
Leader of the House of Ying, also known as the Sword, appeared
before the Council with a mask. He stated that the mask is to
prevent a robbery, not to commit one. He spoke regarding time
. allotted at Council Meetings for public comments. (A)
19
8/21/89
City Attorney Penman stated that under the Brown Act, public
comments can be heard any time of the day.
.
The Sword requested an opportunity to give the Invocation at
the next Council Meeting.
URBAN FOREST PROGRAM - ADDITIONAL INFORMATION AND
RESOLUTION - CONSIDERED EARLIER IN MEETING
Mayor Holcomb read the title of the following resolution
concerning the Urban Forest Program, which was approved in
principal earlier in the meeting. (Resolution No. 89-334)
(See Page 6) (14)
Council Member Pope-Ludlam made a motion, seconded by Council
Member Miller and unanimously carried, that the resolution
authorizing the submission of the application to the California
Department of Forestry for a Urban Forestry Grant for trees to be
planted along Waterman Avenue, north from 30th Street, be added to
the Agenda as an emergency matter in order to meet the deadline
for accepting applications established by the State.
.
RES. 89-334 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION FOR GRANT FUNDS FROM
THE URBAN FORESTRY GRANT PROGRAM IN THE AMOUNT OF
SIX THOUSAND EIGHT HUNDRED SIXTY TWO DOLLARS AND
FORTY FOUR CENTS ($6,862.44) FOR THE PURPOSE OF
PLANTING TWO HUNDRED AND FORTY NINE (249) DROUGHT
AND SMOG TOLERANT STREET TREES. (14)
Council Member Pope-Ludlam made a motion, seconded by Council
Member Miller and unanimously carried, that further reading of
the resolution be waived and that said resolution be adopted.
Resolution
Ayes: Council
Ludlam, Miller.
No. 89-334 was adopted by the following vote:
Members Reilly, Flores, Maudsley, Minor, Pope-
Noes: None. Absent: Council Member Estrada.
PUBLIC COMMENTS - RANDOLPH REILLY - DUFFY STREET DISASTER
Randolph Reilly, 2344 Duffy Street, San Bernardino, stated
that he lives in the area where the Southern Pacific Train
derailment and CalNev Pipe Line Explosion occurred. He spoke on
behalf of the residents in the area, requesting that a cul-de-
sac be constructed at the last house on the west end of Donald
Street and at the south end of Duffy Street in order to eliminate
the heavy traffic and traffic hazards in the area. (A)
.
FIVE-LEVEL PARKING STRUCTURE AGREEMENT - 235 INVESTMENTS,
INC., - 360 SPACES
In a memorandum dated August 11, 1989, Marshall Julian, City
Administrator, provided background information regarding a
possible breach of an agreement with 235 Investments, Inc.,
concerning 360 parking spaces in the five-level parking structure
and construction of pedestrian walkways. (48)
20 8/21/89
.
.
.
Donald Lew, 235 Investments, Inc., spoke regarding the
agreement and suggested that the Council consider amending the
agreement to set some specific time frames for the construction of
the pedestrian bridge and walkways.
City Administrator Julian recommended that this matter be
continued to September 18, 1989, to allow adequate time for
accurate drawings to be submitted for approval.
A discussion ensued regarding inconsistencies surrounding the
agreement and the fact that the property is in escrow.
Council Member Minor made a motion, seconded by Council Member
Mauds1ey and unanimously carried, that the City Administrator be
directed to terminate the agreement with 235 Investments, Inc.,
pursuant to the terms of the agreement.
RECESS MEETING
At 12:45 p.m., the Regular Meeting of the Mayor and Common
Council of the City of San Bernardino recessed until 2:00 p.m.
RECONVENE MEETING
At 2:05 p.m., Mayor Holcomb called the Regular Meeting of the
Mayor and Common Council of the City of San Bernardino to order
in the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Flores, Mauds1ey, Minor, Pope-
Ludlam, Miller; City Attorney Penman, City Clerk Clark. Absent:
Council Member Estrada; City Administrator Julian.
APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF
VARIANCE NO. 89-3 - CONSTRUCTION OF PARKING LOT WITHOUT
PAVING - FAIRWAY DRIVE & CAMINO REAL - M.P. RAMA,
JHM INLAND EMPIRE, INC. - CONTINUED FROM JULY 5, 1989
This is the time and place continued to for an appeal hearing
requested by Econo Lodge concerning the Planning Commission's
denial of Variance No. 89-3 for the construction of a parking lot
without paving located at the northwest corner of Fairway Drive
and Camino Real. (50)
Council Member Minor made a motion seconded by Council Member
Pope-Ludlam and unanimously carried, that the appeal hearing
concerning Variance No. 89-3 be continued to 2:00 p.m., Monday,
October 16, 1989, in the Council Chambers of City Hall, 300 North
"0" Street, San Bernardino, California.
21
8/21/89
.
APPEAL HEARING - CERTAIN CONDITIONS OF APPROVAL FOR
PARCEL MAP 11421 - SIERRA WAY & CLUSTER STREET -
GUADALUPE HOME - CONTINUED FROM JULY 17, 1989
This is the time and place continued to for an appeal hearing
requested by Guadalupe Homes regarding certain conditions of
approval for Parcel Map 11421 to divide a 3.64 acre site located
at the southwest corner of Sierra Way and Cluster Street into two
parcels. (51)
CITY ADMINISTRATOR ARRIVED
At 2:15 p.m., City Administrator Julian arrived at the Council
Meeting.
Council Member Minor made a motion, seconded by Council Member
Pope-Ludlam and unanimously carried, that the appeal hearing
concerning Parcel Map 11421 be continued to 2: 00 p. m., Monday,
October 2, 1989, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
TRAFFIC STUDY PROPOSAL - WATERMAN AVENUE NORTH OF 30TH
AND HARRISON CANYON FREEWAY, NORTH OF CROSSTOWN FREEWAY
The Mayor and Common Council agreed to consider further
information regarding a proposed traffic study of Waterman
Avenue, north of 30th Street and the proposed Harrison Canyon
Freeway, which was discussed earlier in the meeting. (47)
(See Page 19)
.
Jim Smothers, 4994 Mariposa, San Bernardino, spoke regarding
high speed traffic on Waterman Avenue.
Larry Harris, 3184 Broadmoor, San Bernardino, suggested that
traffic control officers be stationed in the Waterman Avenue area
at the peak times of the day of 7:30 a.m., and 6:30 p.m.
It was pointed out that a speed survey is being conducted on
the Waterman Avenue area.
No formal action was taken.
PROTEST HEARING - PROPOSED STREET VACATION OF PORTIONS
OF MAIN STREET AND BROADWAY STREET, BETWEEN "I"
AND "J" STREETS - CONTINUED FROM EARLIER IN MEETING
This is the time and place continued to from earlier in the
meeting for a protest hearing concerning the vacation of portions
of Main and Broadway Streets, between "I" and "J" Streets. (38)
(See Page 14)
In a
Director
regarding
memorandum dated August 15, 1989, Roger Hardgrave,
of Public works/City Engineer, provided information
protests filed concerning this street vacation.
.
22
8/21/89
.
.
.
Mayor Holcomb opened the hearing.
Carl Oldenkamp, 981 West Third Street, San Bernardino, owner
of Allgood Shower Door, stated that he is against this proposed
street vacation, as it would curtail usage of all the adjacent
properties and would cause tremendous financial distress on his
plans to develop the area.
City Engineer Hardgrave provided more background information
related to this proposed vacation.
Dean Myers, 982 West Second Street, San Bernardino, expressed
concern about the decrease in his property value if this proposed
vacation is approved. He also stated that this vacation would
create traffic congestion because of the closure of the streets.
He is in favor of a loop for the trucks for ingress and egress on
both sides of the tracks.
City Engineer Hardgrave answered
closing of two railroad crossings in
crossing.
questions regarding the
order to open one railroad
A discussion ensued regarding the closure of another crossing
in the immediate area.
Mayor Holcomb stressed the fact that any property owner who is
at a loss or suffers damages can be compensated.
Stanley Lang, owner of Lang's Empire Building Material at 940
and 930 West Second Street, San Bernardino, stated that he is
opposed to the vacation. He uses the sheds located at 930 Second
Street, and travels back and forth across the railroad tracks to
deliver materials. If he does not go this route, he would have to
go through Second Street. It would very difficult to unload any
delivery materials on Second Street because it is the busiest
street coming into the downtown area.
A discussion ensued regarding the traffic on Second Street.
LaVerne Zulch, 3525 Broadmoor, San Bernardino, spoke in
opposition to the proposed vacation.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Miller and unanimously carried, that the protest hearing be
closed.
City Engineer Hardgrave answered questions, stating that five
protests were filed.
City Attorney Penman stated that protests must be received by
50 percent or more of the property owners to overrule a street
vacation.
23
8/21/89
.
Roger Hardgrave stated that the majority protest rule would not
apply on the street vacation protest. This is a protest hearing
to hear the general comments or protests. It is not like an
assessment district, where over 50 percent of the property owners'
protests are needed to overrule.
A discussion ensued regarding the location in which the
proposed vacation is located.
Discussion ensued regarding future development of the area.
Council Member Minor made a motion, seconded by Council Member
Miller, that the protests be overruled, and the Findings of Fact,
as set forth in the Staff Report dated September 30, 1988, from
Roger Hardgrave, Director of Public Works/City Engineer, as to why
portions Main Street and Broadway Street, between "I" Street and
"J" Street, are no longer necessary for street and highway
purposes, be adopted.
The motion was carried by the following vote: Ayes: Council
Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes:
Council Member Flores. Absent: Council Member Estrada.
.
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED
THOSE IN EFFECT ON DECEMBER 1 , 1988 , AND
TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR,
AND DECLARING THE URGENCY THEREOF; (Ord. #1)
FIRST
(41)
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED
THOSE IN EFFECT ON THE EFFECTIVE DATE OF THIS
ORDINANCE, AND TEMPORARILY PROHIBITING RENTAL
INCREASES THEREFOR, AND DECLARING THE URGENCY
THEREOF. (Ord. #lA) (41a)
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED
THOSE IN EFFECT ON DECEMBER 1, 1988, AND
TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR.
(Ord. #2) (42)
FIRST
FIRST
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED
THOSE IN EFFECT ON THE EFFECTIVE DATE OF THIS
ORDINANCE, AND TEMPORARILY PROHIBITING RENTAL
INCREASES THEREFOR. (Ord. #2A). (42a)
FIRST
A discussion ensued regarding the continuance of these
ordinances to the second Council meeting in September.
.
24
8/21/89
.
In a letter dated April 21, 1989, Alice Stiel, owner of Royal
York Estates Mobile Home Park, provided information regarding
statistics introduced by Jerry Butler at the August 7, 1989,
Council Meeting.
City Attorney Penman answered questions regarding whether or
not there are any problems with continuing the urgency ordinances.
Council Member Flores made a motion, seconded by Council
Member pope-Ludlam, that said ordinances be continued to
Wednesday, September 6, 1989, at 3:00 p.m., in the Council
Chambers of City Hall, 300 North "0" Street, San Bernardino,
California.
The
Members
Council
motion carried by the following vote: Ayes:
Reilly, Flores, Minor, pope-Ludlam, Miller.
Member Maudsley. Absent: Council Member Estrada.
Council
Noes:
JOINT WATER BOARD MEETINGS - CITY OF SAN BERNARDINO VS.
SAN BERNARDINO VALLEY - WATER CONSERVATION DISTRICT -
CLOSED SESSION ITEM
Mayor Holcomb stated that in Closed Session pending litigation
between the City of San Bernardino and the California Conservation
District was discussed. It was recommended that a joint meeting
of Water agencies be held.
.
Council Member Minor made a motion, seconded by Council Member
Pope-Ludlam and unanimously carried, that the City Administrator
be directed to set up a joint meeting with the Boards of the
following agencies along with their attorneys and experts:
City Council, California Conservation District, East Valley
Municipal Water District, City of San Bernardino Water, and San
Bernardino Municipal Water District. (S-7)
The meeting will be held at a time and place to be announced
by the City Administrator.
CITY ATTORNEY PENMAN EXCUSED
At 3:15 p.m., City Attorney Penman left the Council Meeting and
was replaced by Senior Assistant City Attorney Barlow.
AUTHORIZE SALE OF CITY OWNED PARCELS AT VARIOUS LOCATIONS
THROUGHOUT THE CITY BY THE REAL PROPERTY SECTION -
CONTINUED FROM JULY 17, 1989
This is the time and place continued to for consideration of
the sale of the following City owner properties by the Real
Property Section, as recommended by City Engineer Hardgrave in a
memorandum dated July 12, 1989: (43)
.
1.
2.
3.
4.
5.
1215 Colima Road;
181 S. "G" Street;
3250 Harrison;
Rialto & Belleview
Rialto & Arrow Route;
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.
6.
7.
Del Rosa, south of Eureka; and
Garner at Olive.
Council Member Miller made a motion, seconded by Council
Member Minor, that form motions 1, 2, 3 and 4 of the Council
Agenda be approved.
Discussion ensued regarding the motion and the deletion of
motion 4.
Council Member Miller amended her previous motion, seconded by
Council Member Minor and unanimously carried that:
1: the Real Property Section be authorized to sell
those certain parcels of land as outlined in the
report from the Director of Public Works, dated
June 12, 1989, which are hereby declared to be
surplus, and to do all things necessary and
incidental thereto according to established
procedures, including the payment appraisal and
title services;
2:
the payment of Real Estate Broker's commission, in
the amount of 6% of the sale price, be hereby
authorized incidental to the sale of certain City
owned parcels of land, as outlined in the attached
report from the Director of Public Works, dated
June 12, 1989;
.
3: and that the Real Property Section be authorized
to negotiate the sale of City owned property,
located on the west side of Garner Avenue, at
Olive Street (Assessor's Parcel No. 0138-113-40),
with the City Water Department.
CITY ATTORNEY PENMAN RETURNED
At 3:25 p.m., City Attorney Penman returned to the Council
Meeting.
A discussion ensued regarding the property located at 181 S.
"G" Street.
Council Member Minor made a motion, seconded by Council Member
Pope-Ludlam, that the sale of property located at 181 S. "G"
Street (Assessors Parcel No. 0136-101-09, 19) to the Redevelopment
Agency for $300,000 be authorized and that RDA take full
responsibility for toxic clean up.
The motion carried by the following vote: Ayes: Council
Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes:
Council Member Flores. Absent: Council Member Estrada.
.
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.
RES. 89-335 RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED
IN PART "A RESOLUTION.. . ESTABLISHING A BASIC
COMPENSATION PLAN...", BY INCREASING THE SALARY
RANGES FOR THE POSITIONS OF ASSISTANT CITY
ATTORNEY (FROM RANGE 4176, $4686-5706/MO. TO RANGE
4184 $5173-6300/MO.) AND SENIOR ASSISTANT CITY
ATTORNEY (FROM RANGE 4184, $5173-6300/MO. TO RANGE
4192 $5706-6959/MO.) EFFECTIVE AUGUST 8, 1989.
(Continued from August 7, 1989) (44)
City Attorney Penman stated that the rate increases would not
cost the City any additional funds. The funds are already in the
City Attorney's budget, having been saved by not using outside
counsel as often as projected.
Council Member Reilly made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution No. 89-335 was adopted by the following vote: Ayes:
Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes:
Council Member Pope-Ludlam. Absent: Council Member Estrada.
.
WAIVER OF PARKS AND RECREATION CONSTRUCTION FEES -
RESIDENCE AT 5536 NORTH "E" STREET -
MR. AND MRS. PAUL BLANKENSHIP - CONTINUED FROM JULY 5, 1989
This is the time and place continued to for a discussion
regarding the request of Mr. and Mrs. Paul Blankenship for a
waiver of Parks and Recreation construction fees for construction
of a residence at 5536 North "E" Street. (45)
In a staff report dated June 26, 1989, Larry Reed, Director of
Building and Safety, provided background information regarding the
requested waiver.
Council Member Minor made a motion, seconded by Council Member
Maudsley and unanimously carried, that the appeal by Paul and
Laura Blankenship for the waiver of the Parks and Recreation
construction fees on property located at 5536 North "E" Street,
be denied.
REQUEST TO WAIVE CITY DEVELOPMENT FEES IN CONNECTION
WITH THE REBUILDING OF A RESIDENCE AT 4865 MARIPOSA
DRIVE - STEPHEN SCHNEPPLE
In a memorandum dated August 1, 1989, Larry Reed, Director of
Building and Safety, provided a request dated July 18, 1989, from
Stephen Schnepple, for a waiver of City development fees in
connection with the rebuilding of a residence at 4865 Mariposa
Drive. (46)
Lorraine Velarde, Executive Assistant to the Mayor, stated
that the applicant has requested that this matter be continued to
the Council Meeting on September 6, 1989.
.
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.
.
.
Council Member Maudsley made a motion, seconded
Member Flores and unanimously carried, that the
continued to the Council Meeting on September 6, 1989.
by Council
appeal be
FELDHEYM CENTRAL LIBRARY SECURITY SERVICES
This the time and place set for discussion as requested by the
City Attorney on possible action on Commercial Security purchase
order for a three year period to provide security services for the
Feldheym Central Library, possible action to repeal of Resolution
No. 88-160 authorizing a purchase order; action to contract with
another security firm. ( 49 )
City Attorney Penman stated that this matter may not require
any action, but it does need to be discussed in Closed Session
under significant exposure to litigation. He requested that the
City Librarian Director be asked to attend the Closed Session to
be held later in the meeting.
RES. 89-336 RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO THE BEECHER
CONSTRUCTION COMPANY FOR INSTALLATION OF A STORM
DRAIN IN TWENTY-FIRST STREET, BETWEEN KENWOOD
AVENUE AND EAST TWIN AND WARM CREEK CHANNELS, AND
RESCINDING THE AWARD TO DRAINAGE UNDERGROUND
CONTRACTORS, INC. (S-l)
Council Member Reilly made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 89-336 was adopted by the following
Council Members Reilly, Flores, Maudsley, Minor,
Miller. Noes: None. Absent: Council Member Estrada.
vote: Ayes:
pope-Ludlam,
RES. 89-337 RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO PETERSON-CHASE
GENERAL ENGINEERING CONSTRUCTION FOR REPLACEMENT
OF SEVEN OVERHEAD SIGN PANELS ON ROUTE 1-215, FROM
ROUTE 1-10 TO MILL STREET. (S-2)
Council Member Miller made a motion seconded by Council Member
Flores, that said resolution be adopted.
Resolution No. 89-337 was adopted by the following
Council Members Reilly, Flores, Maudsley, Minor,
Miller. Noes: None. Absent: Council Member Estrada.
vote: Ayes:
Pope-Ludlam,
RES. 89-338 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION
OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND READY EQUIPMENT SALES
AND RENTALS, INC. (S-3)
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.
.
.
RES. 89-339 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION
OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND "BURNEY" THE BURNER,
INC. (S-4)
RES. 89-440 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION
OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MAD GREEK NUMBER 15.
(S-5)
Council Member Maudsley made a motion, seconded by Council
Member Miller, that said resolutions be adopted:
Resolution Nos. 89-338, 89-339 and 89-440 were adopted by the
following vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, pope-Ludlam, Miller. Noes: None. Absent: Council Member
Estrada.
PERSONNEL ACTIONS - SUE SCHUEMAN - LEGAL SECRETARY I
It was recommended by the Chief Examiner/Civil Service the
appointment of Sue Schueman in the City Attorney's Office to
Legal Secretary I, (Range 3094, Step 1, $1, 702/mo., effective
August 22, 1989). (S-6)
seconded by Council
the Personnel Action
accordance with all
of San Bernardino, be
Council Member Flores made a motion,
Member Reilly and unanimously carried, that
submitted by the Chief Examiner, in
administrative regulations of the City
approved.
APPOINTMENT - PARKING PLACE COMMISSION -
SAM CATALANO - MAYOR HOLCOMB
In a memorandum dated August 17, 1989, Mayor Holcomb requested
that Sam Catalano, General Manager of the Central City Mall, be
appointed to the Parking Place Commission. (S-8)
Council Member Reilly made a motion,
Member Minor and unanimously carried, that
Catalano to the Parking Place Commission,
Holcomb, be approved.
seconded by Council
the appointment of Sam
as requested by Mayor
RECESS MEETING - CLOSED SESSION
At 3:25 p.m., Council Member Maudsley made a motion, seconded
by Council Member Flores and unanimously carried, that the Council
recess to Closed Session for the following:
litigation
as there is
( 1)
To confer with its attorney regarding pending
pursuant to Government Code Section 54956.9 (b)( 1),
significant exposure to litigation;
29
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.
.
.
To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9(c), so that Council
may decide whether to initiate litigation; (2)
To consider personnel matters
Section 54957;
pursuant to Government Code
(3)
To confer with its attorney regarding pending
which has been initiated formally to which the City is
follows pursuant to Government Code Section 54956.9(a):
litigation
a party as
(4 & S-7)
Citv of San Bernardino vs. California Construction Manaqement.
Inc.. et al - San Bernardino Superior Court Case No. 238755;
Saldecke. et al vs. Citv of San Bernardino. et al San
Bernardino Superior Court Case No. 236836;
Cable Lake Association vs. Citv of San Bernardino San
Bernardino Superior Court Case No. 239714 and Case No. 239649;
Citv of San Bernardino vs. San Bernardino Baseball Club. Inc.-
San Bernardino Superior Court Case No. 239193;
Stubblefield
Bernardino. et
232998;
Construction Comoanv.
al San Bernardino
et al vs. Citv of
Superior Court Case
San
No.
Juan Manuel Sanchez vs. Citv of San Bernardino - united States
District Court Case No. CV87-2291 AWT (Bx);
Charles H. Brown vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 243087;
Sock Dawson. et al vs. Citv of San Bernardino. et al - United
States District Court - Case No. SA 88-461 AHS (RWRx);
Barron/Alcarez vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 241692;
Barratt. Inc.. vs. City of San Bernardino - San Bernardino
Superior Court Case No. 242433;
Revnolds vs. City of San Bernardino - San Bernardino Superior
Court Case No. 248752;
Dudlev Brewster. et al vs. Southern Pacific Railroad. et al-
San Bernardino Superior Court Case No. 249736;
City of San Bernardino vs. Patel - San Bernardino Superior
Court Case No. 250473;
Save San Bernardino vs. City of San Bernardino
Bernardino Superior Court Case No. 250425;
San
30
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.
.
.
Henrv Harris vs. Citv of San Bernardino. et al - United States
District Court Case No. CV-87-04882 JSL (Gx);
Arriaaa vs. Ci tv of San Bernardino - San Bernardino Superior
Court Case No. 247466;
Citv of San Bernardino
Conservation District - San
231481.
vs. San Bernardino Vallev Water
Bernardino Superior Court Case No.
Citv of San Bernardino vs. San Bernardino Vallev Water
Conservation District, San Bernardino Superior Court Case
No. 231484;
Edward Taaaart. et al vs. Citv of San Bernardino. et al - San
Bernardino Superior Court Case No. 230330;
Ci tv of San Bernardino vs. Libertv TV Cable. Inc. - United
States District Court Case No. 82-6876 (gx)
CLOSED SESSION
At 3:25 p.m., Mayor Holcomb called the Closed Session to order
in the Conference Room of the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller; City Attorney Penman; City Administrator Julian.
Absent: Council Member Estrada; City Clerk Clark.
MAYOR HOLCOMB EXCUSED
At 3:50 p.m., Mayor Holcomb left the Closed Session meeting.
CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION
At 3:55 p.m., City Clerk Clark arrived at the Closed Session.
COUNCIL MEMBER ESTRADA ARRIVED
Council Member Estrada arrived at the Closed Session.
ADJOURN CLOSED SESSION
At 4:25 p.m., the Closed Session adjourned to the Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 4:25 p.m., Mayor Pro Tempore
Regular Meeting of the Mayor and Common
Bernardino in the Council Chambers of
Street, San Bernardino, California.
Maudsley reconvened
Council of the City of
City Hall, 300 North
the
San
"0"
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.
.
.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Pro Tempore MaudsleYi Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Milleri City Attorney Penman, City
Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb.
ADJOURNMENT
At 4:25 p.m., Council Member Minor made a motion, seconded by
Council Member Flores and unanimously carried, that the Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino adjourn to 8:30 a.m., Wednesday, September 6, 1989, in
the Council Chambers of City Hall, 300 North "0" Street San
Bernardino, California. (52)
SHAUNA CLARK
City Clerk
BY~J7~
Deputy Ci y Clerk
No. of Items: 69
No. of Hours: 7 hours
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