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HomeMy WebLinkAbout09-17-1990 Minutes City of San Bernardino, California September 17, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Flores at 8:35 a.m., Monday, September 17, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tempore Flores; Council Members Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Estrada, Reilly, Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1) At 8:35 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956. B. The real property which the negotiations concern is generally located at: b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the Ii tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer litigation 54956.9(c), with the pursuant so that attorney regarding to Government Code Council/Commission may pending Section decide 1 9/17/90 whether to initiate litigation; g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City 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. 23299B; San Bernardino Superior Court Case No. 25205B; Sock Dawson. et al vs. Citv of San Bernardino. et al- United States District Court Case No. SA BB-461 AHS (RWRx); Charlotte Revnolds vs. City-_of San Bernardino San Bernardino Superior Court Case No. 24B752; Save San Bernardino vs. City. of San Bernardino San Bernardino Superior Court Case No. 250425; City of Redlands vs. Inland Vallev Development Agency, et al - San Bernardino Superior Court Case No. 255222; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Gleda Bridges vs. Ci tv of San Bernardino - San Bernardino Superior Court Case No. 220322; Jov Y. Revnolds vs. City of San Bernardino - Los Angeles Superior Court Case No. BC002117; Matthew Hobbs vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 250971; County vs . City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; City of San Conservation No. 231454; Bernardino vs. San Bernardino Vallev Water District - San Bernardino Superior Court Case SBPOA vs. City of San Bernardino - San Bernardino Superior Court Case No. 239366; Silas Johnson vs. City of San Bernardino - San Bernardino Superior Court Case No. 254031; 2 9/17/90 Tammy Murohv vs. City of San Bernardino - San Bernardino Superior Court Case No. 254764; Charlotte Reynolds vs. Citv of San Bernardino San Bernardino Superior Court Case No. E007031; Mark Goodloe vs. City of San Bernardino - San Bernardino Superior Court Case No. 255025; Leonard Lexion vs. City of San Bernardino - San Bernardino Superior Court Case No. 245030; Hawk vs. Ci tv of San Bernardino - San Bernardino Superior Court Case No. 246546; McDuffie vs. Citv of San Bernardino - Santa Ana Superior Court Case No. CV B8-671; De Navarette vs. City of San Bernardino - San Bernardino Superior Court Case No. 257365; Bruce Randall vs. City of San Bernardino - San Bernardino Superior Court Case No. 250472; Harris/Castro vs. City of San Bernardino - San Bernardino Superior Court Case No. 2459B1 and 245222; Juan Gutierrez vs. City of San Bernardino - San Bernardino Superior Court Case No. 234637; Carl Brooks vs. City of San Bernardino District Court - Case No. 90-0331 R (CM). United States CLOSED SESSION At 8:37 a.m., Mayor Pro Tempore Flores 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 tdken with the following being present: Mayor Pro Tempore Flores; Council Members Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Estrada, Reilly, Pope-Ludlam. Also present: Margaret Scroggin, Attorney's Office. Robert Simmons, Deputy Administrative Operations City Attorney and Supervisor, City 3 9/17/90 READING OF RESOLUTION AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEYS BARLOW & MARTIN ARRIVED At B:45 a.m., Senior Assistant City Attorneys Barlow and Martin arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the closed session. MAYOR HOLCOMB ARRIVED At 8:50 a.m., Mayor Holcomb arrived at the closed session. BERNARD KERSEY, GENERAL MANAGER, WATER DEPARTMENT, ARRIVED At 9:14 a.m., Bernard Kersey, General Manager of the Water Department, arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 9:15 a.m., Senior Assistant City Attorney Barlow left the closed session. BERNARD KERSEY, GENERAL MANAGER, WATER DEPARTMENT EXCUSED At 9:19 a.m., Bernard Kersey, General Manager of the Water Department, left the closed session. ADJOURN CLOSED SESSION At 9:20 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9: 30 a. m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Reilly. 4 9/17/90 ANNOUNCEMENT BY MAYOR - ACQUISITION OF PROPERTY (2) Mayor Holcomb announced that in closed session a discussion was held regarding property acquisition at Highland and Boulder. No decision was reached. He asked that this meeting be adjourned to September 19, 1990, at 5:00 p.m. for further discussion in closed session. INVOCATION The invocation was given by Rev. Barnabas Laubach, Chaplain of St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. PUBLIC COMMENTS - RUSSELL LACKNER - CITY CHARTER REVISION COMMITTEE (3) Russell Lackner, Chairman of the Charter Revision Committee, presented to the Council proposed revisions to the Charter, and a detailed rationale document referencing the date or dates each item was discussed. In a letter dated September 17, 1990, Russell Lackner stated that in September, 1988, the Charter Revision Committee was appointed by former Mayor Evlyn Wilcox to conduct a careful page by page review of the Charter. He stated that the Committee discussed the city manager form of government as opposed to the current Mayor/Council structure and found no compelling reason for change. All Charter revisions recommended by the Committee were made within the Mayor/Council framework. Mr. Lackner commended the Committee members for their efforts spent on this task. Those serving on the Committee were: Chairman Russell Lackner, Wilbur Brown, Allen Gresham, Ed Jacobsen, John Lawrence, Council Member Tom Minor, Theresa Overcast, Tom Pierce, Brian Simpson, Orval Winters. He also thanked City staff for their secretarial and technical assistance. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. PROCLAMATION - AMERICAN BUSINESS WOMEN'S ASSOCIATION DAY - SEPTEMBER 22, 1990 (4) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring September 22, 1990, as American Business Women's Associa-tion Day. Ms. Lorna Royse from the Parks, Recreation and Community Services Department and Tina Martin from the American Business Women's Association were present to accept the proclamation from Mayor Holcomb. 5 9/17/90 COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council meeting. SERVICE PIN AWARD CEREMONY (4) Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. COUNCIL MEMBERS POPE-LUDLAM & FLORES RETURNED Council Members Pope-Ludlam and Flores returned to the Council meeting and took their places at the council table. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (8) Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPOINTMENT TO THE BOARD OF DIRECTORS - 1-10 CORRIDOR BEAUTIFICATION AUTHORITY - COUNCIL MEMBER TOM MINOR (9) In a memorandum dated September 6, 1990, Fred Wilson, Assistant City Administrator, stated that the Council authorized the execution of a joint powers agreement between the City and the Corridor Beautification Authority. The focus of the Authority is to identify ways to enhance freeway landscaping and improve the appearance of the freeway entrances to each participating city. The first project selected was beautification of the 1-10 corridor from the City of Montclair through the City of Yucaipa. The agreement requires the Authority to be administered by a Board of Directors consisting of an elected official from each city. Council Member Minor has agreed to serve on the Board in this capacity. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that Council Member Tom Minor be appointed to the Board of Directors of the 1-10 Corridor Beautification Authority. 6 9/17/90 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT- APPLICATION AND ADMINISTRATION OF EMERGENCY FOOD AND SHELTER PROGRAM FUNDS - (FEMA IX) (10) In a memorandum dated September 4, 1990, Annie Ramos, Director, Parks, Recreation and Con~unity Services, stated that since 1984 the Westside Drop-In Center has administered Emergency Food and Shelter Funds (FEMA IX) for the purpose of delivering emergency food and shelter to needy individuals. The local FEMA Board has selected the Westside Drop-In Center as one site within t'l.e City to assist with the distribution of $20,000 in funds between October 1, 1990 and September 30, 1991. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the Parks, Recreation and Community Services Department Director be authorized to apply for and administer $20,000 of emergency food and shelter funds provided under the provision of the Emergency Food and Shelter National Program (FEMA IX). TEMPORARY PART/TIME SALARY INCREASE FOR SEVEN POSITIONS (11) In a memorandum dated September 10, 1990, Diana Ramirez, Personnel Analyst, stated that requests for salary increases for seven positions had been received from Annie Ramos, Director of Parks, Recreation and Community Services, and Wayne Overstreet, Director of Facilities Management. The Personnel Committee approved these requests at its meeting of September 6, 1990. Council Member Flores, made a motion, seconded by Council Member Miller, and unanimously carried, that the salary provided for the seven positions listed below be approved: Retired Senior Volunteer Program Coordinator $10.50 $11.03 $11.58 $12.16 $12.77 Senior Companion Program Coordinator $12.02 $12.62 $13.25 $13.91 $14.61 Security Officer $ 8.12 $ 8.70 $ 9.20 $ 9.73 $10.27 Assistant Security Supervisor $ 8.65 $ 9.46 $10.27 $11. 09 $11.90 Food Service Supervisor II $ 9.01 $ 6.89 $ 6.06 Food Service Supervisor I Food Service Worker II 7 9/17/90 Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the Personnel Department prepare an update to Resolution 6413, Section 13. AUTHORIZATION TO PROCEED - PROPOSED VACATION OF FAIRWAY DRIVE AT SOUTH "E" STREET - SAN BERNARDINO COUNTY FLOOD CONTROL DEPARTMENT (13) In a memorandum dated September 4, 1990, Roger Hardgrave, Director of Public works/City Engineer, stated that a request was received from the San Bernardino County Flood Control Department to vacate a portion of Fairway Drive at South "Eo" Street. When Fairway Drive was re-aligned at its juncture with South "E" Street, it created surplus right-of-way which the San Bernardino Flood Control Department would like to use. The City has no use for the property for present or future street and highway purposes; therefore, staff recommends that the City vacant the property. Council Member Flores 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 a portion of Fairway Drive at South "E" Street; and that plan No. 8253, showing the proposed vacation of a portion of Fairway Drive at South "E" Street, be approved. STORM DRAIN FROM MORGAN ROAD AND HILL DRIVE TO LITTLE MOUNTAIN DRIVE AND KENDALL DRIVE FORECAST CORPORATION - APPROVAL OF PLANS - ADVERTISE FOR BIDS (14) In a memorandum dated September 5, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of a 48 - 60 inch storm drain from Morgan Road and Hill Drive to Little Mountain Drive and Kendall Drive have been prepared and the project is ready to be advertised for bids. This project will be an extension of the 48-inch storm drain installed by the Forecast Corporation. The total estimated project cost is $380,000. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for installing a 48-60 inch storm drain in Morgan Road and Little Mountain Drive, in accordance with Plan No. 8133, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 8 9/17/90 REPLACEMENT OF CURBS AND GUTTERS - NORTH SIDE OF TENTH STREET, FROM "D" STREET TO ARROWHEAD AVENUE - APPROVAL OF PLANS - ADVERTISE FOR BIDS (15) In a memorandum dated September 5, 1990, Roger Hardgrave, Director of Public Works/City Engineer stated that plans for the replacement of curbs and gutters on the north side of Tenth Street, from "D" Street to Arrowhead Avenue, have been prepared and the project is ready to be advertised for bids. The project consists of replacing the existing curbs and gutters in order to assist in the elimination of drainage problems. An amount of $10,000 was approved at the Council Meeting of September 5, 1990, from the CDBG funds. The total estimated project cost is $10,250. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for replacement of curbs and gutters on Tenth Street (north side), from "D" Street to Arrowhead Avenue, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL Council Member Flores made a motion, Member Miller, and unanimously carried, payrolls, and the authorization to issue the memorandum dated September 11, 1990, Finance, be approved. (16) seconded by Council that the claims and warrants as listed on from the Director of PERSONNEL ACTIONS (17) Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated June 5, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 90-383 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNICOM, INC., TO PERFORM CONSULTING SERVICES RELATING TO THE PROVISION OF SPECIFIC ENGINEERING COMMUNICATIONS SERVICES IN SUPPORT OF THE PROJECT TITLED "WORK PLAN FOR THE CITY'S 800 MHZ RADIO COMMUNICATION SYSTEM AND MOBILE DATA TERMINAL SYSTEM". (Cost to City $33,587) (18) RES. 90-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AN AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO POLICE FIREARMS TRAINING AND THE SAN BERNARDINO POLICE PISTOL RANGE. (20) 9 9/17/90 RES. 90-385 - 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 (ABANDONED VEHICLES) ON SAID PROPERTIES. (22) RES. 90-386 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS '1'0 CITY'S DELMANN HEIGHTS HEAD START CENTER. (23) RES. 90-387 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO AN AGREEMENT WITH GFB-FRIEDERICH & ASSOCIATES, INC., FOR PROFESSIONAL SERViCES RELATIVE TO THE FORMATION OF A CITY-WIDE ASSESSMENT DISTRICT. (Cost to City $964.50) (25) RES. 90-388 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2620, FOR THE AREA GENERALLY LOCATED NORTH OF BASELINE, EAST OF CEDAR STREET. (26) RES. 90-389 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2621, FOR THE AREA GENERALLY LOCATED NORTH OF PACIFIC STREET, EAST OF STERLING AVENUE. (27) Council Member Flores made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 90-383, 90-384, 90-385, 90-386, 90-387, 90- 388 and 90-389 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Reilly. COUNCIL MINUTES - AUGUST 20, 1990 (7) Council Member Maudsley made a motion, seconded by Council Member Minor, that the minutes of the August 20, 1990, meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. 10 9/17/90 Council Member Flores stated that he would abstain from voting on this item because he was absent from the meeting of August 20, 1990. The motion carried by the following Maudsley, Minor, Pope-Ludlam, Miller. Council Member Reilly. Abstain: Council vote: Nays: Member Ayes: None. Flores. Estrada, Absent: PROPOSED VACATION OF 38TH STREET - NORTH OF THOMPSON PLACE AND WEST OF PERSHING AVENUE - MR. & MRS. MILO FOWLER - AUTHORIZATION TO PROCEED (12) In a memorandum dated September 4, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Mr. and Mrs. Milo Fowler, to vacate a portion of 38th Street, north of Thompson Place and west of Pershing Avenue. The street is a "paper" street and does not exist on the ground. Mr. Fowler owns three of the five parcels fronting on the subject "street", and wishes to enlarge his parcels to make them more practical for building purposes. The City has no present or future use for this portion of 38th Street for street and highway purposes. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the proposed vacation of a portion of 38th Street, north of Thompson Place, west of Pershing Avenue, be continued to October 1, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS- YUCAIPA REGIONAL OCCUPATIONAL PROGRAM TO UTILIZE CLASSROOM AND LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL AGE YOUTH OR ADULTS ENROLLED IN ROP FOR ANIMAL CARE. (19) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the resolution authorizing the execution of an agreement with the Colton- Redlands-Yucaipa Regional Occupational Program be continued to October 1, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-390 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARNOLD M. STEIN, M.D., RELATING TO MEDICAL SERVICES. (21) Council Member Minor made a motion, seconded by Council Member Mauds1ey, and unanimously carried, that said resolution be adopted. 11 9/17/90 Resolution Ayes: Council Ludlam, Miller. No. 90-390 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Reilly. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE-EMPLOYMENT PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNA~DINO POLICE DEPARTMENT DISPATCH CENTER. (Cost to City $125.00 per evaluation) (24) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the resolution relative to the Counseling Team for pre-employment psychological evaluation of police dispatch applicants be continued to later in the meeting for further discussion. (See page 23) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 90-391 - RESOLUTION OF THE CITY OF SAN BERNARDINO REJECTING THE LOW BID FROM MATICH CORPORATION AND AWARDING A CONTRACT TO STEINY AND COMPANY, INC. FOR THE INSTALLATION OF TRAFFIC SIGNALS AT DEL ROSA DRIVE AND NINTH STREET. (Cost to City $255,000) (28) Roger Hardgrave, Director of Public Works/City Engineer, stated that Matich Corporation, the low bidder, was allowed to submit its information on Disadvantaged Business Enterprises (DBE's). Matich Corporation submitted the names of four sub- contractors, two of which are not on the Caltrans certified list, which means Caltrans would not agree to awarding the contract as it is being financed with public funds. Mr. Hardgrave stated that with illegal activity in 1979. which is within the three-year bid for this project. Steiny and Company was charged The case was settled in 1987/88 period prior to submitting the Mr. Hardgrave stated that Steiny and Company has previously preformed work for the City, at Mountain View and 40th Street, and installed the signals at University and North Park. He stated that the work had been satisfactorily performed. 12 9/17/90 Discussion ensued regarding the option of rejecting all bids and going out to bid again. Mr. Hardgrave stated that Caltrans would not support rejecting the bid from Steiny and Company and awarding the contract to the third low bidder as that bid was considerably higher in cost and the project is 100% funded by federal funds. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Ayes: Miller. Reilly. Resolution No. 90-391 was adopted by the following vote: Council Members Estrada, Flores, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: Council Member RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CATEGORY I: CUBIC CONTAINER FOR THE FURNISHING AND DELIVERY OF ONE HUNDRED (100) THREE CUBIC YARD BINS AND CATEGORY II: CONSOLIDATED FABRICATORS CORPORATION FOR THE FURNISHING AND DELIVERY OF FIFTY (50) FOUR CUBIC YARD BINS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-04. (29) Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the resolution awarding a purchase order for cubic yard bins to be utilized by the Public Services/Refuse Department be continued to later in the meeting. (See page 23) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD FORM OF AGREEMENT FOR SUBDIVISION IMPROVEMENTS AND REPEALING RESOLUTION NO. 84-8. (30) City Attorney Penman stated that this item needs to be continued to the next meeting to allow his office time to complete its review of the language. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the resolution adopting standard form of agreement for subdivision improvements be continued to October 1, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MC-741 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.20.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE LANDSCAPING PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR SPECIFIED BUILDINGS VACANT MORE THAN 180 DAYS. (FINAL) (31) 13 9/17/90 Council Member Minor made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-741 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Reilly. MC-742 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.27.060,8.33.060 AND 8.36.120 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING A FEE FOR VEHICLE, WEED OR BUILDING/NUISANCES ABATEMENT APPEALS MADE TO THE MAYOR AND COMMON COUNCIL. (FINAL) (32) Council Member Maudsley made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance MC-742 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Reilly. RESOLUTION OF NECESSITY AUTHORIZING THE CITY OF SAN BERNARDINO TO COMMENCE CONDEMNATION PROCEEDINGS FOR ACQUISITION OF A RIGHT OF WAY/EASEMENT IN, OVER, UNDER AND ACROSS REAL PROPERTY FOR STREET/HIGHWAY AND DRAINAGE PURPOSES. (Acacia Avenue, North of Hill Drive) (See page 24) (33) In a memorandum dated August 23, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that one of the conditions of approval of Tract No. 10260 was that Acacia Avenue be extended from the tract boundary to Hill Drive, in order to provide a second means of access. Right-of-way will be required from two parcels to facilitate construction of these off-site improvements. The subdivider, John C. Heers, Inc., has been unsuccessful in negotiations with George Shockley, owner of Parcel No. One. Parcel No. Two was dedicated to the City for park purposes. Dedication of a portion of this property, Hillcrest Park (renamed Newberry Park), has been reviewed with Annie Ramos, Director of Parks, Recreation and Community Services, who has no objection. The development agreement states that the right-of-way was to be acquired within 90 days, as stipulated in the Subdivision Map Agreement. This time frame has proven to be unrealistic. A letter has been received from the subdivider agreeing to an extension of time. In his memorandum, Mr. Hardgrave recommended that the resolution granting authorization to commence condemnation proceedings be approved in order to comply with the provisions of the Development Agreement. 14 9/17/90 Mr. George Shockley requested that the matter of access to the upper portion of his property be considered in order to have access for future development. The easement being requested goes across the lower portion of his property and provides access into the development. He also asked that the problem of erosion be addressed. Roger Hardgrave, Director of Public Works/City Engineer, explained that, according to the Subdivision Map Act, if a condition is placed on a subdivision that requires right-of-way off the property, and the subdivider is unable to acquire the property, then he must advise the City and the City is then required to obtain that right-of-way within 90 days, or the conditions are null and void. Since obtain the asked for proceedings. negotiations with Mr. Shockley and his attorney to right-of-way have not been successful, Mr. Hardgrave authorization to proceed with eminent domain Mr. Hardgrave felt that Mr. Shockley's request for access to his property for future development is a separate issue. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the resolution authorizing the City to commence condemnation proceedings for property generally located on Acacia Avenue, north of Hill Drive, be continued to later in the meeting. (See page 24) APPEAL - BOARD OF BUILDING COMMISSIONERS' - ABATEMENT ACTIONS AT 555 WEST VICTORIA WILLIAM BRINGMAN CONTINUED FROM AUGUST 20, 1990 (34) This is the time and place continued to for an appeal filed by William Bringman relative to the Board of Building Commissioners' finding regarding abatement actions at 555 West Victoria. In a memorandum dated July 23, 1990, Larry Reed, Director of Planning and Building Services, presented a chronological list of actions and events relative to property at 555 W. Victoria. On December 25, 1989, the structure on this property suffered major fire damage. The supervisor of the Building Inspection Division inspected the site and determined that the building suffered over 50% fire damage. City Attorney Penman stated that a settlement had been reached with Mr. Bringman, owner of the property, and recommended that the Board of Building Commissioners' decision to impose the lien be overruled, and that the item be tabled. He explained the reasons why it was necessary to overrule the lien, rather than just tabling the matter. 15 9/17/90 City Attorney Penman explained that an error had been made in the notification process. The City had the house demolished. Although there was no question that demolition was necessary, the owner was not properly notified of this condition and was not given the opportunity to order the demolition himself. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Board of Building Commissioners' finding of July 6, 1990, that the City incurred costs in the amount of $7,172.00, fOJ;" the abatement actions at 555 W. Victoria, and the BBC Order to incur the costs of the abatement actions as a lien against the property and a personal obligation of the owner(s), be overruled; and that the item be tabled. COUNCIL MEMBER MILLER EXCUSED At 10:17 a.m., Council Member Miller left the Council meeting. APPROVAL OF ENCUMBRANCE 1990 This is the time and of approval of carryovers current operating budget. THE 1989-90 - CONTINUING APPROPRIATION AND CARRYOVERS - CON'l'INUED FROM SEPTEMBER 5, (35) place continued to for consideration from the prior year's budget to the In a memorandum dated August 20, 1990, Andrew Green, Director of Finance, stated that the 1989/90 continuing appropriations and encumbrances represent unexpended budget dollars and open purchase orders. Traditionally carryovers consist of equipment items, capital items or items for which the City is already obligated, and items which are not budgeted for 1990/91. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the listing of proposed 1989-90 continuing appropriation and encumbrance carryovers as submitted by the Director of Finance, be continued to October 1, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 9/17/90 APPEAL - BOARD OF BUILDING COMMISSIONERS' - BUILDING CODE COMPLIANCE AND SAFETY ISSUES 276 EAST COMMERCIAL ROAD - BARBARA SKY (36) In a memorandum dated September 6, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicant, Barbara Sky, is appealing the Board of Building Commissioners' decision regarding building code compliance and safety issues on a 43,470 square foot concrete tilt-up building that had been erected at the northwest corner of Commercial Road and Waterman Avenue, commonly known as 276 East Commercial Road. The building was constructed without City Planning and Building Code approval. However, there were no inspections waived nor were there any inspections omitted from the reports that would lead the City Building Division to believe that the structure was not built in accordance with City approved plans, nor anything that indicated that the building was unsafe. Although the plans were not approved at the time of construction, the project was done in the same manner as any other building of this type. The difference was that the developer used private special inspectors, rather than city inspectors. Once the City plan checked and approved the plans, the Building Division checked the private special inspectors' reports against the City approved plans to determine if the building was in compliance. In a letter dated September 14, 1990, Patricia Green, Vice President, Sunset Group requested that the appeal regarding 276 East Commercial Road be continued until October, 1, 1990, since they had not been notified of the appeal and/or the scheduling of this item. The continuance is necessary in order to prepare facts to present to the Council. In a letter dated September 15, 1990, the appellant, Barbara Sky, requested the appeal be continued until October 1, 1990. Because of her absence from the City, she would be unable to attend the meeting scheduled for September 17, 1990. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the appeal relative to the building located at 276 East Commercial Road, be continued to October 1, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MINOR RETURNED Council Member I1inor returned to the Council meeting and took his place at the council table. 17 9/17/90 APPEAL BOARD OF BUILDING COMMISSIONERS PUBLIC NUISANCE - RESIDENTIAL FOOTINGS AND FOUNDATIONS - 2607 NORTH "I" STREET - ROOSEVELT MILLER (37) In a memorandum dated September 6, 1990, Larry Reed, Director of Planning and Building Services, stated that the Board of Building Commissioners ordered abatement of a public nuisance, specifically residential footings and foundations, on property located at 2607 North "I" Street. The property owner, Mr. Roosevelt Miller, has requested that the City waive setback requirements and that he not be required to remove the footings and foundations. In the memorandum, Mr. Reed stated that a job site inspection revealed that the owner was mixing concrete by hand which leaves cold joints, rock pockets, and other defects in concrete placement. Mr. Reed explained that if the footings are not properly constructed, it is useless to continue with the rest of the project. It is imperative that the first steps in the construction process be done correctly. Mr. Reed recommended that the Council deny the appeal to avoid complaints that the City allows shoddy workmanship and improper building construction. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the Board of Building Commissioners' finding of August 3, 1990, that the City had incurred costs of $240.80 for the abatement actions at 2607 North "I" Street, and incur the costs of the City's abatement as a lien against the property and a personal obligation of the owner(s), be upheld. CITY HALL ANNEX - CHANGE ORDER NO. ONE - CONSTRUCTION OF PEDESTRIAN BRIDGE - PCL CONSTRUCTION SERVICES, INC. - $9,350.68 INCREASE (S-l) In a memorandum dated September 12, 1990, Roger Hardgrave, Director of Public works/City Engineer, stated that the contractor discovered two errors in the construction drawings prepared by the consulting engineer. One problem was a one-half foot error in the elevation difference between the third floor of the City Hall Annex and the five-level parking structure. As a result, the pedestrian ramp must be extended by eleven feet to comply with the State of California's Title 24 requirements for handicap access. The second problem was the result of the consultant using the structural framing plan from the second floor of the City Hall Annex rather than the third floor. Therefore, the project drawings did not include the stiffener 18 9/17/90 plates necessary to increase the load carrying capacity of the existing steel beam to handle the additional load imposed by the pedestrian bridge. Because of these errors, PCL Construction Services, Inc., must request a change order for a contract price increase of $9,350.68. Roger Hardgrave, Director of Public Works/City Engineer, explained that if the private engineer had included the elevation difference and the addition of stiffener plates there would not have been a change order required. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the item relative to Change Order No. One for construction of a pedestrian bridge for the City Hall Annex, be continued to later in the meeting. (See page 25) PROPOSED ANNEXATION OF AREA NORTH OF LYNWOOD DRIVE, EAST OF HARRISON STREET - ANNEXA'l'ION NO. 349 - LAFC 2632 AUTHORIZATION TO PROCEED AND RESOLUTION DETERMINING TAX TRANSFER FROM COUNTY TO CITY (S-2) In a memorandum dated September 10, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that a petition was filed by area residents with the Local Agency Formation Commission (LAFCO), for annexation to the City of territory generally located north of Lynwood Drive, east of Harrison Street. Before LAFCO can issue a certificate of filing, Section 99 of the Revenue and Taxation Code requires that the distribution of property taxes be negotiated and agreed upon by all affected local agencies. Roger Hardgrave, Director of Public Works/City Engineer, stated that this resolution must be adopted before September 21, 1990, which fulfills the City's compliance with Section 99 of the Revenue and Taxation Code. If this is not done, LAFCO must terminate proceedings. RES. 90-392 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFC 2632, FOR THE AREA GENERALLY LOCATED NORTH OF LYNWOOD DRIVE, EAST OF HARRISON STREET. (S-2) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the Director of Public works/City Engineer and the City Clerk be authorized to proceed with the annexa-tion of the territory generally located north of Lynwood Drive, east of Harrison Street; and that said resolution be adopted. 19 9/17 /90 Resolution Ayes: Council Ludlam. Noes: No. 90-392 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- None. Absent: Council Members Reilly, Miller. RECESS MEETING At 10:25 a.m., Mayor Holcomb recessed the meeting until 11:00 a.m. RECONVENE MEETING At 11:00 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Reilly. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING At 11:00 a.m., the regular meeting of the Community Development Commission/Redevelopment Agency was called to order by Vice-Chairman Estrada in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-393 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FORM OF A CERTAIN SECOND AMENDMENT TO THE LOAN AGREEMENT IN CONNECTION WITH THE $1,000,000 AGGREGATE PRINCIPAL AMOUNT OF 12 1/4% INDUSTRIAL DEVELOPMENT REVENUE BONDS (SCOTT PAPER COMPANY PROJECT), 1982 SERIES A. (R-3) Council Member Miller made a motion, seconded by Council Member Minor that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 90-393 was adopted by the -following vote: Member Estrada, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Reilly. RECESS MEETING - CLOSED SESSION At 11:05 a.m., the Mayor and Common Council acting as the Community Development Commission recessed to closed session in the conference room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ADJOURN CLOSED SESSION At 11:50 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council. 20 9/17/90 RECONVENE MEETING At 11:51 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Flores, Maudsley, }Iinor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Reilly. RECESS MEETING At 11:52 a.m., the meeting was Council Chambers of Ci.ty Hall, Bernardino, California. recessed to 2:00 p.m., in the 300 North "D" Street, San RECONVENE MEETING At 2:05 p.m., the Chambers of City Hall, California. meeting was 300 North reconvened "D" Street, in San the Council Bernardino, ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Reilly. PLANNING COMMISSION'S INTERPRETATION OF SWAP MEET BUSINESS - 580 INLAND CENTER DRIVE (38) This is the time and place set to consider the appeal filed by John Lightburn on behalf of Union Discounts Limited, regarding the Planning Commission's interpretation of a "swap meet" business located at 580 Inland Center Drive. In a memorandum dated September 6, 1990, Larry Reed, Director of Planning/Building Services, explained that Union Discounts Limited wished to establish an indoor retail store of individual vendors who would lease open areas for the sale of new merchandise. A building permit was issued on June 28, 1990, for tenant improvements. The permit application made no reference or indication that the intended use was for an "indoor swap meet". During inspections the proposed use was identified, and the issue arose of whether or not the proposed use was an "indoor swap meet", and thus, required a conditional use permit (C.U.P.). COUNCIL MEMBER ESTRADA RETURNED At 2:09 p.m., Council Member Estrada meeting and took her place at the council returned to the Council table. 21 9/17/90 Deputy City Attorney Empeno stated that the issue being considered was not the definition of swap meet, but concerns the land use designation for this area and whether or not the land use impacts the different use for a single retail store. Mr. Empeno stated that the determine whether or not this conditional use permit. Council has the discretion to proposed use would require a Larry Reed, Director of Planning/Building Services, answered questions regarding whether the conditional use permit allows for added conditions, such as landscaping. Mayor Holcomb opened the hearing. John Lightburn, P. O. Box 1622, San Bernardino, CA 92402, representing Union Discounts Limited, stated that an investigation process was conducted on the General Plan and Development Code requirements. During this process, it was found that there were three definitions of swap meet, and not one of the definitions applied to the proposed use. I1r. Lightburn explained the reasons for the appeal. Mr. Lightburn pointed out that 18% of the landscaping for the project is still in existence and that there is sufficient parking available. He further stated that if more parking is required, Union Discounts Limited would be willing to obtain the proper permits to fulfill that requirement. Larry Reed, Director of Planning/Building Services, stated that there is nothing wrong with the proposed use. However, staff is concerned that traffic, high density, and other conditions could have an impact later on. Thus, staff is recommending that the project go through a conditional use permit process. John Lightburn stated that Union Discounts Limited prefers not to go through the conditional use permit process because of the time involved. The company would prefer to go forward with the project as soon as possible. Mr. Lightburn answered questions regarding whether or not the merchandise to be sold is used or new and the term of the lease for the individual vendors. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the hearing be closed; and that the Mayor and Council uphold the appeal and require that the proposed use at 580 Inland Center Drive be allowed to proceed with a building permit. 22 9/17/90 The motion carried by the following vote: Ayes: Members Estrada, Flores, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Reilly. Council Nays: COUNCIL MEMBER POPE-LUDLAM EXCUSED At 3:43 p.m., Council Member Pope-Ludlam left the Council meeting. RES. 90-394 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM FOR PROVIDING PRE-EMPLOYMENT PSYCHOLOGICAL EVALUATION OF APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT DISPATCH CENTER. (Continued from earlier in the meeting) (See page 12) (24) City Attorney Penman explained the changes made to the agreement. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Ayes: Nays: Resolution No. 90-394 was adopted by the following vote: Council Members Estrada, Flores, Maudsley, Minor, Miller. None. Absent: Council Member Reilly, Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAI1 RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 90-395 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CATEGORY I: CUBIC CONTAINER FOR THE FURNISHING AND DELIVERY OF ONE HUNDRED (100) THREE CUBIC YARD BINS AND CATEGORY II: CONSOLIDATED FABRICATORS CORPORATION FOR THE FURNISHING AND DELIVERY OF FIFTY (50) FOUR CUBIC YARD BINS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-04. (Continued from earlier in the meeting) (See page 13) (29) City Administrator Edwins explained that this resolution executes approval of two contracts. She also answered questions regarding the administrative fee involved to separate the two contracts into two resolutions. Council Member Miller made a motion, seconded by Council Member pope-Ludlam, that said resolution be adopted. Resolution Ayes: Council Ludlam, I1iller. No. 90-395 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Reilly. 23 9/17/90 RES. 90-396 - RESOLUTION OF NECESSITY AUTHORIZING THE CITY OF SAN BERNARDINO TO COMMENCE CONDEMNATION PROCEEDINGS FOR ACQUISITION OF A RIGHT OF WAY/EASEMENT IN, OVER, UNDER AND ACROSS REAL PROPERTY FOR STREET/HIGHWAY AND DRAINAGE PURPOSES. (Acacia Avenue, north of Hill Drive (Continued from earlier in the meeting) (See page 14) (33) Mayor Holcomb pointed out that it is better to have two means of ingress and egress for any development. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-396 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Minor, Pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: Council Member Reilly. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to allow public comments regarding item number 33, a resolution to commence condemnation proceedings for acquisition right of way/easement at Acacia Avenue, north of Hill Drive. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, commented that the citizens of the community developed the park and therefore, a refund should be given to the citizens if part of Newberry Park is taken through condemnation. She stated that the City has no right to give up a portion of park land for an easement. Ms. Kopczynski also suggested that the City should not exercise eminent domain. Discussion ensued regarding when the final tract map was approved. Roger Hardgrave, Director of Public Works/City Engineer, stated that the developer can proceed with the development without the two means of ingress and egress. Council Member Minor made a motion, seconded by Council Member Maudsley, to reconsider the resolution to commence condemnation proceedings for acquisition of right-of-way/easement at Acacia Avenue, north of Hill Drive. The motion failed by the following vote: Ayes: Members Flores, Maudsley, Minor. Nays: Council Members Pope-Ludlam, Miller. Absent: Council Member Reilly. Council Estrada, 24 9/17/90 CITY HALL ANNEX - CHANGE ORDER NO. ONE - LENGTHENING OF PEDESTRIAN RAMP & ADDITION OF STIFFENER PLATES - PCL CONSTRUCTION SERVICES, INC (CONTINUED FROM EARLIER IN THE MEETING) (See page 18) (S-l) This is the time and place continued to for approval of Change Order No. One to the contract with PCL Construction Services, Inc. for the construction of the pedestrian bridge for the City Hall Annex. Council Member Estrada made a motion, seconded by Council Member Miller, that Change Order No. One to the contract with PCL Construction Services, Inc. for the construction of a pedestrian bridge for City Hall Annex, in accordance with plan No. 8119, be approved; that the contractor be authorized to lengthen the pedestrian ramp and add stiffener plates to existing steel beam, for an increase in the contract price of $9,350.68 from $116,000.00 to $125,350.68; and that the City Attorney to investigate whether or not the City can get compensation from private engineer who made an error in the contract price. The motion carried by the following vote: Ayes: Members Estrada, Flores, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Reilly. Council Nays: ADJOURNMENT (39) At 3:05 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the meeting be adjourned to 5:00 p.m., Wednesday, September 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By 'lftlL&"'-C.r: Melanie Vale Deputy City Clerk I ~/ - ",'/b:.IA..-' By . e>>OOJui )niJd.mtc/ Sandra Medina Deputy City Clerk No. of Items: 42 No. of Hours: 4 25 9/17/90