Loading...
HomeMy WebLinkAbout09-06-1989 Minutes . . . City of San Bernardino, California September 6, 1989 This is the time and place set for a Regular Meeting of the Mayor and Common Council of the City of San Bernardino held at their meeting on Tuesday, September 5, 1989, at 8:30 a.m., all members of said Common Council being absent therefrom, the City Clerk declared said meeting adjourned to 8: 30 a.m., Wednesday, September 6, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held September 5, 1989, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 8: 30 a.m., Tuesday, September 5, 1989, on the door of the place at which said meeting was held. The Adjourned Regular Meeting was called to order by Mayor Holcomb at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark. Absent: Council Members Estrada, Reilly; City Administrator Julian. COUNCIL MEMBER ESTRADA ARRIVED At 8:35 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the council table. CITY ADMINISTRATOR JULIAN ARRIVED At 8:35 a.m., City Administrator Julian arrived at the Council Meeting. RECESS MEETING - CLOSED SESSIONS At 8:30 a.m., Council Member Minor made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the Adjourned Regular Meeting recess to Closed Session pursuant to the following: 1 9/6/89 . . . Government Code Section 54956.9(b)(1), to confer with the City Attorney regarding pending litigation, as there is significant exposure to litigation; (1) Government Code Section 54956.9(c), Attorney regarding pending litigation, decide whether to initiate litigation; to confer with the so that Council (2 ) City may Government Code Section 54957, to consider personnel matters (3) Government Code Section 54956.9(a), to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (4) Citv of San Bernardino vs. California Construction Management. 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; Ci tv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. et al vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. Ci ty 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. 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. Citv of San Bernardino Superior Court Case No. 248752; San Bernardino 2 9/6/89 . . . Dudlev Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Citv of San Bernardino vs. Patel - San Bernardino Superior Court Case No. 250473; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; Henry Harris vs. Ci tv 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; Rubv Walker vs. City of San Bernardino Superior Court Case No. 237618; - San Bernardino City of San Bernardino vs. Liberty T.V. Cable. Inc. - United States District Court - Case No. 82-6876 (Gx); ANNOUNCEMENT - ADDITIONAL CLOSED SESSION CASES Mayor Holcomb announced two additional cases to closed session: be heard in (4) Fink vs. Citv of San Bernardino - Case No. 237134; Whittaker vs. Citv of San Bernardino - Case No. 238417. READING AND WAIVING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the Council Agenda. CLOSED SESSION At 8:30 a.m., Mayor Holcomb called the Closed Session to order in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Reilly. ADJOURN CLOSED SESSION At 9:20 a.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. 3 9/6/89 . RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the Adjourned Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Rev. David Randolph, Chaplain of San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Minor. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Reilly. PUBLIC COMMENTS - JAMES L. LYNAS James L. Lynas, 1160 E. Sonora Street, San Bernardino, CA 92404, read a prepared statement suggesting that sufficient lead time be allowed for individuals to contact their respective council members requesting open discussion or public hearing pertaining to an item listed on the consent calendar portion of the Council's Agenda. He also provided a list of procedural changes that would facilitate full public input and participation at the council meetings. (A) PUBLIC COMMENTS - DEXTER GOODY Dexter Goody, Associate Director of Golden State Mobilehome Owners League, 2505 W. Foothill Blvd., San Bernardino, CA, read a letter dated September 1, 1989, from Marie Malone, President of Golden State Mobilehome Owners League, concerning a resolution on a Section 8 Program that was adopted in the County of San Diego. She requested that the City Council and the County Board of Directors adopt this resolution and forward a copy of the adopted resolution to Jack Kemp, Secretary of HUD, Washington, D.C. and herself. (A) PROCLAMATION - MEXICAN AMERICAN HERITAGE WEEK - SEPTEMBER 11 THROUGH 17, 1989 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of September 11 - 17, 1989, as Mexican American Heritage Week. (B) . 4 9/6/89 . . . . Mayor Holcomb and Council Member Estrada greeted the following guests: Juan Calderon, Alfredo Gonzales, and Father Rosales of Our Lady of Guadalupe and presented them with the proclamation. Alfredo Gonzales stated that there will be a celebration at Nunez Park on Fifth Street and Medical Center Drive, September 15 through 17, 1989. RESOLUTION OF SUPPORT - NATIONAL DRUG POLICY Lorraine Velarde, Executive Assistant to the Mayor, read a resolution in support of President Bush's national drug policy that was announced September 5, 1989. (B) Jeri Simpson, Executive Director, San Bernardino Community Against Drugs, and Captain Dan Robbins of the Police Department, were present to accept the resolution. ANNOUNCEMENT - APPOINTMENT - ACTING CHIEF OF POLICE - CLOSED SESSION Mayor Holcomb announced that in Closed Session, the Mayor and Council appointed Dan Robbins as Acting Chief of Police for the City of San Bernardino. PROCLAMATION - NATIONAL HOUSEKEEPERS WEEK - SEPTEMBER 10 - 16, 1989 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming September 10 - 16, 1989, as National Housekeepers Week. (B) Arthur Lopez Jr., Inland Empire Chapter president, National Housekeeping Association, was present to accept the proclamation. COMMENDATION - REDLANDS FEDERAL SAVINGS AND LOAN ASSOCIATION Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the Redlands Federal Savings and Loan Association in celebration of their 100th birthday and their role in civic and economic development in the City of San Bernardino and the Inland Empire. (B) John Christian, Assistant Secretary to the Branch Manager of Redlands Federal Savings and Loan Association, was present to accept the commendation. 5 9/6/89 . . . PROCLAMATION - CONSTITUTION WEEK - SEPTEMBER 17 - 23, 1989 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming September 17 - 23, 1989, as Constitution Week. (B) Helen F. Hill, Chairman of the Constitution Week Committee, accompanied by Virginia MacKenzie, were present to accept the proclamation. ANNOUNCEMENT - SPECIAL MEETING - SEPTEMBER 9, 1989 - BLIGHT ABATEMENT Mayor Holcomb announced a special council meeting on blight abatement to be held at 9:30 a.m., Saturday, September 9, 1989, in the Council Chambers of City Hall, 300 North "D" Street. APPOINTMENT - SANBAG - CITY'S ALTERNATE MEMBER AND COMMUTER RAIL STATION COMMITTEE - COUNCIL MEMBER NORINE MILLER Mayor Holcomb requested the appointment of Council Member Norine Miller as the City's alternate member to SANBAG and a member of the Commuter Rail Station Committee. (C) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that Council Member Norine Miller be appointed as the City's alternate member to SANBAG; and that Council Member Norine Miller be appointed as member to the Commuter Rail Station Committee. APPOINTMENT - CEMETERY COMMISSION - LAWRENCE In a memorandum dated August 30, 1989, requested the appointment of Mr. Lawrence D. Evans, San Bernardino, Ca., to the Cemetery represent the Second Ward. D. MILLER Mayor Holcomb Miller, 385 E. Commission, to (C) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that Lawrence D. Miller be appointed to the Cemetery Commission to represent the Second Ward. COUNCIL MEMBER REILLY ARRIVED At 10:05 a.m., Council Member Reilly arrived at the Council Meeting and took his place at the council table. COUNCIL MINUTES - JULY 10, 1989, JULY 17, 1989 Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: July 10, 1989; July 17, 1989. (5) 6 9/6/89 . PERSONNEL COMMITTEE REPORT - AUGUST 24, 1989 In a memorandum dated August 24, 1989, Council Member Reilly presented a report on the Personnel Committee meeting held on August 24, 1989. The following items were on the agenda: (6 ) 1. Approval of senior planner position. 2. Additional position for City Clerk's Office. 3. Fill position for City Attorney investigator. Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the report from the Personnel Committee dated August 24, 1989, be received and filed. LEGISLATIVE REVIEW COMMITTEE REPORT - AUGUST 24, 1989 In a memorandum dated August 28, 1989, Council Member Reilly reported on the Legislative Review Committee meeting held on August 24, 1989. The following items were on the agenda: ( 7) Resolution of the City of San Bernardino supporting the California Desert Protection Act. Ordinance adding Chapter 15.24 dealing with property maintenance and required minimum standards. Lien collection and methods of control. Request for waiver of requirements to underground utilities - expansion of Omnitrans facility at north- west corner of Medical Center and Fifth Street. Ordinance amending Section 2.64.050 of the San Bernar- dino Municipal Code relating to fees for appeals. Proposed school at Little League/Belmont, Verdemont School site. Request from Knights of Columbus to increase number of bingo sessions per week. Ordinance adding Section 19.50.080 to the code relating to home occupation permits. Proposed bridge and thoroughfare fee. Adjustment in sewer connection fee. Temporary hires. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the report from the Legislative Review Committee, dated August 24, 1989, be received and filed. 1. 2. . 3. 4. 5. 6. 7. 8. 9. 10. 11. . 7 9/6/89 . DATA PROCESSING NEEDS AND ASSESSMENT REPORT - PEAT/MARWICK MAIN & CO. In a memorandum dated August 24, 1989, James Robbins, Deputy City Administrator, provided a report of the Peat/Marwick Main & Co. study on data processing needs, assessment and recommendations for a comprehensive information system. (10) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the report from peat/Marwick Main & Co. regarding the data processing needs and assessment and recommendations for a comprehensive information system be received and filed. CONTRACT - CHANGE ORDER NO. 1 - PEAT/MARWICK - PREPARATION OF RFP, IMPLEMENTATION OF PROGRAMS In a memorandum dated August 17, 1989, James Robbins, Deputy City Administrator, stated that Change Order No. One to the contract with Peat Marwick Main & Co. would provide for preparation of request for proposals (RFP) for telemanagement, word processing and implementation of financial systems at a cost not to exceed $63,100.00. (11) . Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that Change Order No. One to the contract with Peat/Marwick authorizing the preparation of RFP for telemanagement, word processing and implementation of financial systems, at a cost not to exceed $63,100, be approved. TAX EXEMPT FINANCING - BLOOD BANK OF SAN BERNARDINO AND RIVERSIDE COUNTIES - AUTHORIZE CITY OF SAN BERNARDINO TO SERVE AS CONDUIT In a memorandum dated August 23, 1989, James Robbins, Deputy City Administrator, stated that the Blood Bank of San Bernardino and Riverside Counties is requesting the City to serve as conduit issuer of tax exempt financing in the amount of $3.5 million. ( 12 ) Council Member Maudsley stated that he would abstain from voting on this item. Council Member pope-Ludlam made a motion, seconded by Council Member Miller, that staff be directed, in cooperation with the Blood Bank, to prepare the proper documentation for entering into contracts authorizing the sale of certificates of participation and payments under those agreements; and to retain Brown and Wood as bond counsel and Bank of America or an acceptable equivalent substitute as underwriter for the Blood Bank project. . 8 9/6/89 . . . The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, pope-Ludlam, Noes: None. Abstain: Council Member Maudsley. Absent: Council Miller. None. VACATION - PORTION OF EAST/WEST ALLEY BETWEEN "G" STREET AND "H" STREET, BETWEEN SPRUCE STREET AND 6TH STREET - AUTHORIZATION TO PROCEED AND PLAN APPROVAL In a memorandum dated August 21, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Sunland properties requested on August 18, 1989, vacation of a portion of an east/west alley between Spruce Street and Sixth Street and between "G" Street and "H" Street to help alleviate the trash, vandalism and loitering problems. The petitioner has deposited the required $200.00 with the remaining $200.00 to be paid after the investigative proceedings. (16) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Public works/City Engineer and City Clerk be authorized to proceed with the proposed vacation of a portion of that certain east/west alley, between Spruce Street and Sixth Street, and between "G" and "H" Street, San Bernardino; and that Plan No. 7885, showing the proposed vacation of a portion of that east/west alley between Spruce Street and Sixth Street, and between "G" and "H" Street, be approved. MODERNIZATION OF TRAFFIC SIGNALS - "I" STREET, AT RIALTO AVENUE AND SECOND STREET, DEL ROSA AVENUE AND DATE STREET - MACADEE ELECTRICAL CONSTRUCTION In a memorandum dated August 16, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under contract with Macadee Electrical Construction to replace a side mount signal head connector with a top mount connector, has been satisfactorily completed as of June 20, 1989. The final contract price is $48,624.20. (17) Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for the modernization of traffic signals on "I" Street, at Rialto Avenue and Second Street, and at Del Rosa Avenue and Date Street, in accordance with Plan No. 7351, be approved and accepted; and that final payment be authorized at the expiration of the lien period. VACATION - PORTION OF "J" STREET, BETWEEN OAK STREET AND A POINT APPROXIMATELY 355 FEET NORTH THEREOF - AUTHORIZATION TO PROCEED AND APPROVAL OF PLAN NO. 7881 In a memorandum dated August 16, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that Mr. Frank Silveira, an adjoining property owner requested to vacate the 9 9/6/89 . . . rema1n1ng portion of "J" Street, north of Oak Street and south of Lytle Creek Channel to alleviate the dumping of trash along his property. The petitioner Mr. Silveira has deposited the required $200.00 fee with the balance to be paid after the investigative proceedings. (19) Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of that portion of "J" Street, between Oak Street and a point approximately 355 feet north thereof; and that Plan No. 7881, showing the proposed vacation of a portion of "J" Street, north of Oak Street and a point approximately 355 feet north thereof, be approved. CONSTRUCTION OF RESTROOM BUILDING - SECCOMBE LAKE PARK - REJECTION OF PRICE QUOTE - MARINA CONTRACTORS, INC. In a memorandum dated August 24, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the price quote in the amount of $159,700.00 from Marina Contractors, Inc., for the construction of an additional restroom building at Seccombe Lake Park is excessive and without justification. (20) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the price quote submitted by Marina Contractors, Inc., for the construction of an additional restroom building at Seccombe Lake Park, Phase I-B, in the amount of $159,700.00, be rejected. STREET NAME CHANGE - FROM COLUMBIA STREET BETWEEN "G" STREET AND WALKINSHAW STREET, TO VALLEY STREET - AUTHORIZATION TO PROCEED In a memorandum dated August 14, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the proposed street name change from Columbia Street between "G" Street and Walkinshaw Street, to Valley Street will provide continuity in street names now that the City is extending Valley Street to the west, through the Central City South Assessment District. (21) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the Real property Section of the Public Works Department be authorized and directed to proceed with changing the name of Columbia Street, between "G" Street and Walkinshaw Street, to Valley Street. 10 9/6/89 . CLAIMS AND PAYROLL Council Member Pope-Ludlam 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 dated August 29, 1989, from the Director of Finance, be approved. (24) PERSONNEL ACTIONS Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the Personnel Actions submitted by the Chief Examiner, dated August 25, 1989, in accordance with all administrative regulations of the City of San Bernardino, be approved. (25) . RES. 89-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PEAT MARWICK MAIN & COMPANY RELATING TO THE RETENTION OF PEAT MARWICK MAIN & COMPANY TO PROVIDE PROFESSIONAL SERVICES. (27) RES. 89-342 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JANIS MARIE INGELS TO PERFORM CONSULTING SERVICES FOR THE DATA PROCESSING DEPARTMENT. (28) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. (This item was later reconsidered) (See Page 22 ) (29) RES. 89-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 6 TO THE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD AND INCREASE THE STUDENT LUNCHES TO NINETY-FOUR CENTS EACH. (31) RES. 89-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION. (32) RES. 89-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (33) . 11 9/6/89 . RES. 89-346 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ORDER THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN AND FOR A PROPOSED ASSESSMENT DISTRICT AND THE PAYMENT OF CERTAIN EXPENSES INCIDENTAL THERETO PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913, DESCRIBING THE ASSESSMENT DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES OF SUCH IMPROVEMENTS, AND DETERMINING THAT BONDS SHALL BE ISSUED IN THE AMOUNT OF THE UNPAID ASSESSMENT PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915. (Assessment District No. 985 Industrial Parkway Improvement District) (34a) RES. 89-347 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING NEWSPAPER TO BE USED FOR ASSESSMENT DISTRICT PROCEEDINGS. (Assessment District No. 985- Industrial Parkway Improvement District). (34b) RES. 89-348 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPOINTING SUPERINTENDENT OF STREETS. (Assessment District No. 985 - Industrial Parkway Improvement District). (34c) . RES. 89-349 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING MAP DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT AND ORDERING FILING OF MAP. (Assessment District No. 985 - Industrial Parkway Improvement District). (34d) RES. 89-350 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING ENGINEER'S REPORT AND APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO PROPOSED PUBLIC IMPROVEMENTS. (Assessment District No. 985 Industrial Parkway Improvement District). (34e) RES. 89-351 - 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 (Case No. 89 VAP-189-05--1312 N. Crestview). (35) RES. 89-352 - RESOLUTION OF THE CITY OF SAN BE.RNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES (Case No. 89-VAP-229-06--2864 N. "E" Street). (36) . 12 9/6/89 . RES. 89-353 - 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 (Case No. 89-VAP-239-06--Lot west of 142 E. 44th Street). (37) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 89-341, 89-342, 89-343, 89-344, 89-345, 89- 346, 89-347, 89-348, 89-349, 89-350, 89-351, 89-352, 89-353 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.28.100, 15.28.110, AND 15.28.120 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ASSIGNING THE RESPONSIBILITY FOR ABATEMENT OF NUISANCES TO THE DIRECTOR OF PUBLIC SERVICES OR THE DIRECTOR OF BUILDING AND SAFETY. (38) . Council Member Pope-Ludlam made Council Member Miller, that further ordinance be waived and said ordinance passage. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. a motion, reading of be laid over seconded by the above for final BOND REFINANCING PROPOSED ALLOCATION OF ADDITIONAL FUNDS In a memorandum dated August 23, 1989, James Robbins, Deputy City Administrator, recommended that the funds realized from the refinancing of existing bonds be dedicated to the following expenditure categories in the amounts indicated: (8) I. II. III. IV. Reserves & Internal Service Funds Equipment Staffing Capital Outlay TOTAL GENERAL FUND $2,051,300 875,300 252,000 821,400 $4,000,000 A discussion ensued regarding how these funds should be used. It was suggested that a workshop be scheduled to discuss the disposition of these funds. . 13 9/6/89 . . . City Administrator Julian stated that the proposed expenditure categories listed in the staff report can be altered and suggested that this matter be referred to a committee. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the matter relative to the proposed allocation of additional funds realized from bond refinancing, be tabled. REGULAR CITY POSITIONS - APPROVED BY CITY ADMINISTRATOR In a memorandum dated August 25, 1989, Marshall Julian, City Administrator, requested that the City Administrator be authorized to approve the appointment of properly examined/certified personnel to vacant positions as soon as the Department/Division Heads have made their decisions. This procedure would enable the department head to expedite filling the position with little disruption from the department. Confirmation of the appointment will be made by the Mayor and Council at their next regular meeting. (9) City Attorney Penman answered questions regarding legal problems of hiring a person on a tentative basis, stating that the City could provide a letter to each person saying they were appointed temporarily subject to ratification by the Mayor and Common Council. City declined applicant Administrator to affirm an that he/she was Julian stated that if appointment, staff would not hired. the Council notify the City Administrator Julian explained that there is a considerable amount of red tape in the hiring process. Council Member Reilly made a motion, seconded by Council Member Minor, that the appointments to regularly budgeted positions, upon the recommendation of the appointing authority be approved by the City Administrator, on a tentative basis, subject to confirmation by the Mayor and Common Council. The motion Members Reilly, Council Member Absent: None. carried by Maudsley, Estrada. the following vote: Minor, Pope-Ludlam, Abstain: Council Council Noes: Flores. Ayes: Miller. Member VEHICLE POOL COSTS REPORT In a memorandum dated August 24, 1989, Fred Wilson, Assistant to the City Administrator, reported on how the vehicle pool charges are assessed against each department for vehicle pool usage. (13) 14 9/6/89 . City Administrator Julian answered questions explaining why Riverside vehicle pool data rates were used to assess the actual charge for vehicle pool usage per department in the City of San Bernardino. Council Member Member Miller, that received and filed. Estrada made a motion, seconded by Council the report relative to vehicle pool costs be (See substitute motion below). City Administrator Julian answered questions and explained why the new police cars at the City yards are not in service. Council Member Flores made a substitute motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the report relative to vehicle pool costs be referred back to the City Administrator for further research and an updated report. HOMELESS AD HOC COMMITTEE - COUNCIL MEMBER POPE-LUDLAM In a memorandum dated August 24, 1989, Council Member Pope- Ludlam requested that the Mayor and Common Council form a Homeless Ad Hoc Committee to research, study and make recommendations to the Mayor and Council regarding a resolution to the homeless problem in the City. (14) . Council Member pope-Ludlam invited Captain Anderson, Sister Angela, Mary McKinney to speak on the subject of homelessness in the City. (This matter was continued until after a ten-minute recess) (See Page 15 ) RECESS MEETING At 10:50 a.m., Mayor Holcomb called a ten-minute recess. RECONVENE MEETING At 11:00 a.m., Mayor Holcomb called the Adjourned Regular Meeting to order 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 1 Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Millerl City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: None. HOMELESS AD HOC COMMITTEE - COUNCIL MEMBER POPE-LUDLAM- CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a request from Council Member Pope-Ludlam to hear from representatives of various agencies that are helping the homeless in the City of San Bernardino. (See Page 15) (14) . 15 9/6/89 . . . Captain Anderson of the Salvation Army commended the City on the strides that have been made during the past few years in providing services for the homeless. He requested that a task force coalition be formed by the City where all service providers can meet and discuss problems associated with the homeless issue. He stated that during the rainy season the Salvation Army building located on Fifth Street will be converted into an emergency shelter to house men only, while the Kingman Street building will be used to provide shelter for women and children. Sister Angela Schaige of Bethleham House, stated that they house 1,500 people per year of which 60% are from the City of San Bernardino. She stated that Orange County is referring many of its child abuse cases for placement in the San Bernardino County. Sister Angela proposed that the Mayor and Council form a task force to study the feasibility of forming a coalition of City government, County government, private and non-private agencies, PAL Center, community colleges, the State University, Job Corps, and other agencies that provide services, and establish a model program of service provision for the homeless people in the City. Mary McKinney, Samaritan Shelter, 803 W. Eighth Street, San Bernardino, CA, stated that she provides shelter for the homeless, and feeds many of the street people in the City. She stated that her husband, Rev. Jessie McKinney, counsels many of the individuals and help them find employment. Diane Washington, a resident of the Samaritan Shelter operated by Rev. and Mary McKinney, stated that she and her four children have been residents of the Samaritan Shelter for six- months. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council form a Homeless Ad Hoc Committee to research, study and make recommendations to the Mayor and Council regarding resolution of the homeless problem within the City of San Bernardino~ that the Committee study the problem in terms of the needs and social disadvantages (substances, housing, child care) of the homeless~ and that this committee be comprised of Council Members Estrada, Pope-Ludlam and Miller with a report back to the Council with a plan of action. 16 9/6/89 . . . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Communi ty 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. The Community Development Commission/Redevelopment Agency took action on items appearing on their agenda. REQUEST TO CHANGE DATE OF SECOND COUNCIL MEETING IN SEPTEMBER - MAYOR HOLCOMB In a memorandum dated August 28, 1989, Mayor Holcomb, requested that the second Council Meeting in September be changed to Wednesday, September 20, 1989, to allow him an opportunity to attend the United States Conference of Mayors "Conference on Crime and Drugs" to be held September 17 - 18, 1989, Washington, D. C. (15) Mayor Holcomb explained why he will not be present at the Council Meeting of September 18, 1989, and withdrew his request to change the meeting date. He stated that Council Member Minor will be Mayor Pro Tempore in his absence. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the request to change the date for the second Council Meeting in September from Monday, September 18th to Wednesday, September 20th, be tabled. EMINENT DOMAIN PROCEEDINGS - SOUTHEAST CORNER OF GILBERT AND WATERMAN - AUTHORIZATION TO INITIATE In a memorandum dated August 17, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that additional right-of-way from the owner of the property is needed to allow sufficient room for the new 40 foot busses to negotiate an eastbound turn from Waterman Avenue without running over the curb or interfering with the westbound traffic on Gilbert Street. (18) City Administrator Julian requested that this item be deleted in order to conduct additional investigation. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the matter relative to the authorization to initiate eminent domain proceedings at the southeast corner of Gilbert and Waterman, be tabled. 17 9/6/89 . . . PUBLIC WORKS/ENGINEERING - REAL PROPERTY SPECIALIST - AUTHORIZATION TO ESTABLISH ADDITIONAL POSITION In a memorandum dated August 16, 1989, Roger Hardgrave, Director of public Works/City Engineer, requested an additional real property specialist position which will allow the Real Property Section to function in a more efficient manner without retraining temporary help. This position will be funded through Assessment District Accounts and will not impact the General Fund. (22) The Mayor and Common Council requested that this item be referred to the Personnel Committee. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the matter relative to establishing an additional real property specialist position in the Public Works Department, be referred to the Personnel Committee. EQUIPMENT PURCHASE - BLIGHT AND NUISANCE ABATEMENT PROGRAM - PUBLIC SERVICES In a memorandum dated August 25, 1989, Manuel P. Moreno, Jr. Director of Public Services, stated that the following equipment is needed to implement the blight and nuisance abatement program throughout the community: two passenger vans; two utility trailers; six weed-eaters; and one small truck. Trustee personnel from the Glen Helen facility will be utilized in the blight and nuisance abatement program. (23) Mayor Holcomb requested that the proposed list of equipment be amended by interdelineation to include two scrubbers to clean the sidewalks at a cost not to exceed $95,000. Holcomb answered questions on behalf of the Director Services, concerning supervision of the extra Mayor of Public personnel. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the equipment set forth in the Staff Report from the Public Services Director, dated August 25, 1989, be authorized for purchase at a cost not to exceed $95,000 with funding to come from proceeds of bond refinancing. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Estrada. Absent: None. 18 9/6/89 . . . APPEAL - BOARD OF BUILDING COMMISSIONERS - ABATEMENT OF PUBLIC NUISANCE 1040 1/2 W. BASELINE STREET In a memorandum dated August 4, 1989, Larry Reed, Clerk of the Board of Building Commissioners, provided copies of Order No. 1305 from the Board of Building Commissioners authorizing the abatement of a public nuisance located at 1040 1/2 W. Baseline Street. (26 & S-2) In a letter dated September 1, 1989, Pamela Perea, 1239 N. "K" Street, San Bernardino, Ca. 92411, on behalf of Paul and Dulcinea Perea, 1077 W. 15th Street, San Bernardino, CA 92411, appealed the Board of Building Commission's decision to demolish property located at 1040 1/2 W. Baseline Street based on the following reasons: 1) The house was her primary residence before the fire; 2) The house was not insured at the time of the fire, and she was unable to rehabilitate it within the 180 days; 3) The house was quitclaimed to Pamela Perea in August, 1989; and 4) Pamela Perea is presently in a position to rehabilitate the house. In a memorandum dated August 31, 1989, patricia Zimmerman, Deputy City Attorney, stated that according to San Bernardino Municipal Code Section 19.66.020 the building located at 1040 1/2 W. Baseline Street has exceeded its useful life of twenty years. It would appear that the building could be rehabilitated to meet present zoning/use requirements versus being demolished. In a memorandum dated August 21, 1989, Larry Reed, Director of Building and Safety, provided an outline of facts pertaining to the Board of Building Commissioner's findings on property located at 1040 1/2 W. Baseline Street. The Director of Building and Safety stated that after reviewing the S.B. Municipal Code and Uniform Building Code, the use of the building cannot be reestablished as a single family residence. He further stated that the building does not need to be demolished, but that the building could be allowed to be upgraded to meet commercial standards for the establishment of a legal use, either as a retail or an office use. Pamela Perea, daughter of Paul and Dulcinea Perea, answered questions regarding whether she has the resources to fix the building. She stated that she has applied for a loan and is waiting on approval. City Attorney Penman explained that there were extenuating circumstances as to why the Perea's have not been able to make repairs to the building. 19 9/6/89 . . . A discussion ensued regarding the requirements for wood frame homes in the City of San Bernardino. City Attorney Penman explained the existing on wood frame houses. requirements Ms. Perea stated that 50% of the house was damaged, not the total value of the property. Larry Reed, Director of Building and Safety, stated that there is new evidence to be brought to the attention of the Board of Building Commissioners. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the appeal of Paul and Dulcinea Perea to rescind the order of the Board of Building Commissioners to demolish the single family residence located at 1040 1/2 W. Baseline be referred to the Board of Building Commissioners for review and consideration of additional information. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RENTAL REHABILITATION PROGRAM (RFP) JOINT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SABEN, EARLIX AND ASSOCIATES. (AS-1) In a memorandum dated September 1, 1989, Ken Henderson, Director of Community Development, stated that staff proposed establishing a joint development agreement between the City and the developer for the one-hundred-three (103) rental properties located in the Arden-Guthrie area bounded by Highland Avenue on the north, Arden Avenue on the east, and Twentieth Street on the south and Guthrie Street on the west. City Attorney Penman explained some of the terms of the proposed agreement between the City and Saben, Earlix and Associates and changes that were made in the final version of the agreement. Ken Henderson, Director of Community Development, answered questions regarding the amount of funds received from HUD. A discussion ensued regarding the City issuing versus a grant and the requirements governing each funding source. Ken Henderson answered questions regarding recommendation for a grant for the proposed project. a loan type of staff's 20 9/6/89 . . City Attorney Penman stated that under federal regulations, all monies which come from federal funds are to be given as grants. He stated, however, that City policy has been not to issue grants. Mr. Henderson recommended that if the grant is converted to a loan, the same terms and conditions as set forth in the agreement, should also apply to the loan; and that the loan should provide for a year-by-year forgiveness of the loan over a five year period of time. Ken Henderson answered questions, stating that if a loan, versus a grant is issued, it would over-encumber the property. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that this matter be continued until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (See Page 27) . PROTEST HEARING - VACATION - FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET CITY OF RIVERSIOE- CONTINUED FROM AUGUST 7, 1989 This is the time and place continued to for a protest hearing on the proposed vacation of a frontage road, west of Waterman Avenue, south of Caroline Street, as requested by the City of Riverside. (38) In a letter dated September 1, 1989, Mr. M. William Holsinger, Real Property Services Manager, City of Riverside, 3900 Main Street, Riverside, California 92522 requested further continuance of this proposed vacation in order to meet the conditions required by the City of San Bernardino. Mr. M. William Holsinger requested that this matter be continued to the second meeting in October, 1989. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that this item be continued to October 2, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING At 12:15 p.m., Mayor Holcomb recessed the Adjourned Regular Meeting of the Mayor and Common Council until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . RECONVENE MEETING At 1:55 p.m, Mayor Holcomb called the Adjourned Regular Meeting to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 21 9/6/89 . ROLL CALL Roll Call was taken with the following being present: Holcomb 1 Council Members Reilly, Flores, Maudsley, Minor, Senior Assistant City Attorney Barlow, City Clerk Clark. Council Members Estrada, pope-Ludlam'; City Administrator Mayor Milleq Absent: Julian. RECONSIDERATION - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON - FOR CONSULTING SERVICES - ADOPTED EARLIER IN THE MEETING (29) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution adopted earlier in the meeting, concerning the execution of an agreement for consulting services with Charles E. Hamilton, be reconsidered. (See Page 11) In a memorandum dated July 24, 1989, Arthur Schubert, Director of Risk Management, stated that on July 5, 1989, the Mayor and Common Council approved in concept the hiring of a workers compensation consultant. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 2:01 p.m., Council Member pope-Ludlam arrived at the Council Meeting and took her place at the council table. . CITY ADMINISTRATOR JULIAN ARRIVED At 2:02 p.m., City Administrator Julian arrived at the Council Meeting. COUNCIL MEMBER ESTRADA ARRIVED At 2:03 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the council table. City Administrator Julian stated that just recently this has become a field where a college education is required. The workers' compensation specialist position originally grew out of a clerical position filling out claims. The Mayor and Common Council suggested that this item be held over until Deputy City Administrator Robbins arrives. (See Page 26) RES. 89-354 A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1989/90 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING RESOLUTION NO. 87-214. (30) . 22 9/6/89 . . . Council Member Miller made a motion, seconded by Council Member Reilly, that the following resolution be adopted: Resolution No. 89-354 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. PUBLIC HEARING - MEDICAL TRANSPORTATION RATES - COURTESY AMBULANCE SERVICES OF SAN BERNARDINO - CONTINUED FROM AUGUST 7, 1989 This is the time and place set for a public hearing on the proposed increase in medical transportation rates at the request of Courtesy Ambulance Services of San Bernardino. (40) In a memorandum dated August 11, 1989, Lee Gagnon, Business License Supervisor and Secretary to the Bureau of Franchises, stated that the new rate increase submitted by Courtesy Services of San Bernardino, Inc. is 10% lower than those rates to be charged in the County of San Bernardino in 1989. Based on that fact, the Bureau of Franchises unanimously recommended that the new rate schedule be adopted. In an undated letter Courtesy Ambulance Service of San Bernardino, 338 W. Seventh Street, San Bernardino, Ca. 92401, requested approval of rates for ambulance service as follows: A. Ambulance Rates Requested Basic Life Support response to a routine non-emergency 178.84 Unscheduled emergency call, additional 81. 24 Additional Charges: a. Each mile or fraction of a mile 8.94 b. Waiting time after first fifteen minute period; for each subsequent fifteen minute period, or fraction thereof thereafter. 16.38 c. Night surcharge, 7:00 p.m. to 7:00 a.m. Monday through Friday, or weekend service. 52.18 23 9/6/89 . . . d. Each additional patient, fifty percent over charge for one patient. e. Paramedic Rates: 1. Advanced life support 272.00 response to a call 2. E.K.G. monitoring 37.25 3. All inclusive advanced 403.75 life support service. f. Oxygen Administration 22.37 g. Response to a call for an 15.00 ambulance not used h. Rigid Collar i. Carrier shall be permitted in its discretion to fix the rates for other special services not specified herein. 45.00 COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. Mayor Holcomb opened the hearing. John Nolan, attorney representing Courtesy Ambulance, and Jack Franklin, General Manager of Courtesy Ambulance Service of San Bernardino, stated that the proposed rate schedule has been modified by deleting Item "I". Jack Franklin answered questions regarding the procedure involving billing disputes. Mr. Franklin stated that the initial rate increase was to be indexed to the County of San Bernardino. He stated that the rates presented today are a ten-percent discount from the County's rates. Council Member Estrada made a motion, seconded by Council Member Reilly, that the hearing be closed; that the rates be approved; and that the City Attorney be directed to prepare a resolution incorporating the rates approved by the Mayor and Common Council at the close of the public hearing. 24 9/6/89 -~ . . . The motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, pope-Ludlam, Miller. Council Member Maudsley. Absent: Council Member Flores. Council Noes: ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA, AND REPEALING ORDINANCE NO. MC-577. (43) In a memorandum dated August 11, 1989, Brad Kilger, Director of Planning, stated that this proposed ordinance amends the zoning ordinance to require review of plans for single-family homes in the Foothills, establishes standards by which to review the homes, defines the area designated as Foothills, and repeals Ordinance MC-577. Brad Kilger, Director of Planning, information concerning the proposed ordinance. gave background Mr. Kilger answered questions regarding the notification process of property owners when single-family dwelling permits are issued in the Foothills. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the council table. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting and replaced Senior Assistant City Attorney Barlow. Mr. Kilger answered further questions regarding the maximum height limitations for single family dwellings in the Foothill area. Council Member Maudsley made a motion, Member Minor and unanimously carried, declaration be adopted; that further reading waived; and that said ordinance be laid over seconded by Council that the negative of said ordinance be for final passage. REQUEST TO WAIVE DEVELOPMENT FEES - REBUILDING OF RESIDENCE AT 4865 MARIPOSA DRIVE - STEPHEN SCHNEPPLE - CONTINUED FROM AUGUST 21, 1989 In a memorandum dated August 2, 1989, Larry Reed, Director of Building and Safety, provided background information concerning a residence located at 4865 Mariposa Drive. (44) In a letter dated July 18, 1989, Stephen B. Schnepple, 110 East Ninth Street, Los Angeles, CA 90079, requested that the 25 9/6/89 . . . the rebuilding of a residence He stated that all the fees and that these services still development fees in connection with at 4865 Mariposa Drive, be waived. had been paid by the original owner exist on the property. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the request of Stephen Schnepple for waiver of development fees associated with the construction of a residence to be located at 4865 Mariposa Street, San Bernardino, be denied. APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION - WEED ABATEMENT - IRWIN STREET, SOUTH OF RIALTO AVENUE - RICHARD A. GONZALEZ In a letter dated August 10, 1989, Richard Gonzalez, 2519 York Court, San Bernardino, Ca. 92408, appealed the decision of the Board of Building Commissioners on the weed abatement of property located on Irwin Street, south of Rialto Avenue. (45) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the appeal of Richard Gonzalez from the action of the Board of Building Commissioners confirming the charges for weed abatement on his property located on Irwin Street, south of Rialto Avenue, be continued to September 18, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONSIDERATION - RESOLUTION EXECUTING AN AGREEMENT WITH CHARLES E. HAMILTON - CONSULTING SERVICES FOR RISK MANAGEMENT DEPARTMENT - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to regarding the proposed resolution executing an Charles E. Hamilton for consulting services Management Department. (See Page 22) for discussion agreement with for the Risk (29) Deputy City regarding the job specialist position Administrator Robbins answered questions description for the workers' compensation in the Risk Management Department. A discussion ensued regarding the agreement containing a description of the duties to be performed by the consultant. Deputy City Administrator Robbins stated that a description of the duties to be performed by the consultant would be incorporated into the agreement and brought back at the next council meeting. 26 9/6/89 . . . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the resolution executing an agreement with Charles E. Hamilton to perform consulting serv~ces for the Risk Management Department, be continued to September 18, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-355 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RENTAL REHABILITATION PROGRAM (RRP) JOINT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SABEN, EARLIX AND ASSOCIATES. (Continued from earlier in the meeting) (See Page 20 ) (AS-1) Mayor Holcomb stated that after meeting with the developer during recess, the developer has agreed that all references to a grant in the agreement be changed to a loan provided that the loan be under the same terms as the grant with the exception of Section "J". The developer objected to Section "J" relating to the Community Development Director having sole discretion to determine a breach of the agreement. With Section "J" in the agreement, the developer cannot obtain the 2.5 million dollars in private capital for this project. City Attorney Penman answered questions regarding the conversion of the grant into a deferred loan. He explained that the City would have to put up matching funds on a dollar for dollar basis up to $7,500 as required by the City's own Rental Rehabilitation Program approved by HUD. Mayor Holcomb stated that if the City finds out that HUD will not approve the loan agreement, then the City will change the agreement. City Attorney Penman explained that Section "J" provides provisions for the City if there is a breach in the terms of the agreement. The Community Development Director would then make the determination to declare the bond in default. He further stated that the determination to declare the bond in default would not be made at the sole discretion of the Community Development Director. Mayor Holcomb recommended that the provision under Section "J", (Performance Bond) of the agreement relating to the sole discretion of the Community Development Director to determine a breach under this clause, be stricken from the agreement as this would have a chilling effect on new investors. 27 9/6/89 . Council Member Miller made a motion, seconded by Council Member Estrada, that all language regarding the granting of rental rehabilitation funds be stricken from the agreement; that the affected funds be in the form of deferred loans; that such deferred loan assistance be provided under the same loan terms and conditions already set forth in the agreement; that the provision under item "J", (Performance Bond) of the agreement relating to the sole discretion of the Community Director to determine a breach under this clause be stricken from the agreement; and that said resolution be adopted as amended to include the above changes and subject to approval by HUD. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, pope-Ludlam, Miller. Noes: Council Members Flores, Minor. Absent: None. . PERSONNEL ACTIONS Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Supplemental Personnel Action for the appointments of Elveida, Typist Clerk II and James Welch, Typist Clerk II in the Administrative Office, submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved. (S-3) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSIONS At 2:40 p.m. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Section 54956.9(c), to confer with the City Attorney regarding pending litigation, so that Council may decide whether to initiate litigation. (2) CLOSED SESSION At 2: 40 p.m., Mayor Holcomb called the Closed Session to order in the Conference Room of the Council Chambers in City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: None. . 28 9/6/89 . ADJOURN CLOSED SESSION At 3:00 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3:00 p.m., Mayor Holcomb called the Adjourned Regular Meeting to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Estrada. PARKING AGREEMENT -FIVE LEVEL PARKING STRUCTURE - 235 INVESTMENTS INC. - CLOSED SESSION Mayor Holcomb announced that in Closed Session the Council voted to reconsider the parking agreement with Mr. Donald Lew, 235 Investments, Inc., for 360 spaces in the five-level parking structure. . COUNCIL MEMBER ESTRADA ARRIVED At 3:05 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the council table. Council Member Reilly made a motion, seconded by Council Member Estrada, that the matter relative to the parking agreement with Mr. Donald Lew, 235 Investments, Inc., for 360 spaces in the five-level parking structure, be reconsidered at the meeting of September 18, 1989. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Members Flores, Maudsley, Minor. Absent: None. Council Council 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. No. 1) (Continued from August 21, 1989) (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. No. lA) (Continued from August 21, 1989) (41a) 29 9/6/89 . ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON DECEMBER 1, 19899, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR. (Ord. No.2) (Continued from August 21, 1989) (42) 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. No. 2A)(Continued from August 21, 1989) (42a) Mayor Holcomb explained the action taken at the Council Meeting of August 7, 1989, held at the Sturges Auditorium regarding mobilehome rent stabilization and moratorium. He stated that Council approved in principle the imposition of a 120 day rent moratorium and rollback of rents to January 1, 1989, and instructed the City Attorney to prepare the necessary ordinance. However, there were only four affirmative votes and to adopt an emergency ordinance five votes are needed. . Mayor Holcomb stated that he has met with representatives of the park owners and their attorney and informally agreed to the following goals: that the tenants be free from rent gouging; that the tenants have security in their investment; that all areas dealing with the quality of life be met; that a formula be established to recognize park owners equity position and its appreciated value; and that there be preservation of the park owners current economic status from economic deterioration over time due to increased operating costs. Mayor Holcomb suggested that there be three committees to meet and move quickly on the basic issues: Council Committee, Mobilehome Tenants Committee, and parkowners Committee. He requested that these committees meet separately and then jointly and set a timetable to meet these goals. Mayor Holcomb recommended that Council Member Flores, Reilly, and Miller be selected to serve on the Council Committee. He stated that the first meeting for all committees will be held Saturday, September 23, 1989, at City Hall, 300 North "D" Street, San Bernardino, California. He further stated that Jerry Butler, Project Coordinator, will provide a list of names to be selected for the Mobilehome Tenants Committee. Mayor Holcomb introduced Robert Jagiello, the attorney who represented the park owners in the Hall Case in Santa Barbara. . 30 9/6/89 . . . Robert Jagiello attorney representing the mobilehome park owners, thanked the Mayor and Council for the opportunity to address the issue of mobilehome rent increases. He explained the court proceedings that rendered a favorable decision in the Hall Case. He stated that when a City passes a rent control ordinance and there isn't a provision for vacancy decontrol as in the case in Santa Barbara, the tenants are then able to realize the value of occupying the space at a reduced rent resulting in a premium on the value of the coach that is not pass back to the park owner. He stated that as a result of the trial, the City of Santa Barbara has to pay a portion of the $30,000 premium for every coach sold until the law is invalidated. Mr. Jagiello suggested a number of ideas that will provide a framework for negotiation. City Attorney Penman stated that the four proposed alternate ordinances he prepared conform with the Hall Case decision. Jerry Butler, Special Project Coordinator, stated that he has prepared a list of nominees for the official negotiating committee consisting of mobilehome owners. He stated that Donald A. Scheradella, Dexter Goody, Ira Bracken, Lillian Anderson and Betty Chute were nominated to represent the mobilehome tenants. Mr. Butler answered representation from the M.O.R.E. Organization. questions regarding the Eastside mobilehome parks lack and of the Mayor Holcomb recommended that Council agree in concept of having three committees which try to arrive at the goals described by Mr. Jagiello; that there be a 120 day rent moratorium with no rollback; and that the three committees meet at 9:30 a.m., Saturday, September 23, 1989, in the MIC Room, Sixth Floor of City Hall, 300 North "0" Street, San Bernardino, California. Mayor Holcomb stated that other tenants are welcome to participate in the discussions at the committee meetings. He further recommended that Council approve the following nominees as the official negotiating committee for the mobilehome tenants: Donald A. Scheradella, Dexter Goody, Ira Bracken, Lillian Anderson, and Betty Chute. 31 9/6/89 . . . Council Member Estrada made a motion, seconded by Council Member Miller that the following nominees be recognized as the official negotiating committee for the mobilehome tenants: Don A. Scher adelIa, Dexter Goody, Ira Bracken, Lillian Anderson, Betty Chute. (See Page 33 for substitute motion) Sally Wilder, President of M.O.R.E., spoke in opposition to the individuals nominated to the tenant committee. She stated that some of these individuals are no longer recognized as members of M.O.R.E. and were banned from the organization. Betty Hoi, a resident of Mediterranean Mobilehome Estates, San Bernardino, Ca. stated that Sally Wilder should be on the tenant committee. A discussion ensued regarding duplicate representation from one mobilehome park. It was suggested that only one representative from each mobilehome park be selected to serve on the official negotiating committee. Dee Lewis, a resident of Tropicana Mobilehome Park, San Bernardino, Ca. suggested that one representative from each mobilehome park be selected to serve on the official negotiating committee. The Mayor and Council discussed committee representation and whether or not the residents committee should be balanced to included representation from mobile home residents of the Fourth and Seventh Wards. Jerry Butler answered questions, stating that Dexter Goody has agreed to remove his name from the Official Negotiating Committee list. Mr. Butler further requested that a fifth name be submitted by Council Member Maudsley to take Mr. Goody's place. Council Member Flores suggested that a representative Friendly Village Mobilehome Park be chosen to serve on committee. from the Mayor Holcomb asked the Council to approve Donald A. Scheradella, Ira Bracken, Lillian Anderson, and Betty Chute as nominees for the official negotiating committee with a fifth name to be selected by Council Member Maudsley; and if Council Member Flores selects a nominee the Mayor will authorize the appointment of that person provided there is another resignation. 32 9/6/89 . . . Council Member Estrada made a substitute motion, seconded by Council Miller, that Donald A. Scheradella, Ira Bracken, Lillian Anderson, and Betty Chute, with a fifth name to be selected by Council Member Maudsley; and that the Mayor will authorize the appointment of a representative selected by Council Member Flores provided there is a resignation. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: None. Council Member Pope-Ludlam made a motion, Council Member Estrada and unanimously carried, Members Reilly, Flores and Miller be selected to Council Committee. seconded by that Council serve on the Mayor Holcomb urged Council to support the adoption of an emergency ordinance for a 120 day rent moratorium with no rollback. City Clerk Clark read the title of the ordinance. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the ordinance be waived. ORD. MC-675 - 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. (41A) Council Member Flores made a motion, seconded by Council Member Estrada that said ordinance be adopted. Ordinance MC-675 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- Clay Hage, representing the mobilehome park owners, answered questions regarding whether the park owners agreed to a 120 day rent moratorium. He stated that there is still some concern regarding any type of rent control, but he will concur with the decision of the Council. Clay Hage stated that the following will parkowners Committee: Clay Hage, Richard Alias, Harold Anderson and Attorney Robert Jagiello. serve on the Pat Anderson, 33 9/6/89 . . . City Attorney Penman questioned Robert Jagiello, representing the park of the Parkowners Committee. whether or not Attorney owners, could be a member Luther Fair also spoke in opposition to Attorney Robert Jagiello being a member of the parkowners Committee. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Mayor Holcomb requested that the park owners nominate their own representatives but that attorneys may be present to help interpret the laws. COUNCIL MEMBER ESTRADA EXCUSED At 4:00 p.m., Council Member Estrada left the Council Meeting. Ira Bracken thanked Council for the vote of approval on the adoption of an emergency ordinance for a 120 day rent moratorium. ADJOURNMENT At 4:15 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, the Adjourned Regular Meeting of the Mayor and Common Council adjourn to 9:30 a.m., Saturday, September 9, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (46) SHAUNA CLARK City Clerk by4l~ ~d. # 'Deputy Ci y Clerk 'I No. of Items: 59 No. of Hours: 6 hrs. 55 minutes 34 9/6/89