HomeMy WebLinkAbout08-03-1992 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
AUGUST 3, 1992
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:34 a.m., Monday, August 3, 1992, 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, Reilly,
Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Member Pope-
Ludlam, Miller.
RECESS MEETING - CLOSED SESSION
At 8:34 a.m., the Mayor and Common Council
Development Commission recessed to closed
following:
a. to give instruction to the City' s/Commission' s
negotiator on the purchase of property pursuant to
Government Code Section 54956.8. The real property
which the negotiations concern is generally located at:
(1)
and the Community
session for the
,
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
li tigation pursuant to
54956.9(b)(1), as there
litigation,
attorney regarding pending
Government Code Section
Ls significant exposure to
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8/3/92
f.
to confer with the attorney regarding
li tigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
g. to confer with the attorney regarding pending
litigation which has been initiated formally to "hich
the City is a party pursuant to Government Code S~ction
54956.9(a) as follows:
Stubblefield Construction Comoanv. et al vs. Citv of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058,
Countv vs. Ci tv of San Bernardino (RDA)
Superior Court Case No. 258241;
San Bernardino
Saab vs. Citv of San Bernardino - Fourth District Court of
Appeals Case No. E008652;
City of San Bernardino vs. Libertv Cable T.V.. et al-
United States District Court Case No. 82-6876 WMB;
City of San Bernardino vs. Countv of San Bernal-dino. e-c al-
Riverside Superior Court Case No. 207900;
Citv of San Bernardino vs. Skadron - San Bernardino Superior
Court Case No. 266719,
Randall vs. Countv/Citv of San Bernardino - San Bernardino
Superior Court Case No. 250472 (consolidated with Case No.
252255)
Amrut N. Patel. et al vs. James F. Penman. et al. - United
States District Court Case No. CV91-1420 RG (Kx),
Francis Kwai Chonq Foo vs. James F. Penman. et al. - United
States District Court Case No. CV91-3056 RG (Kx),
Janet Summerfield vs. William R. Holcomb. et al. - United
States District Court Case No. SACV 91-731 AHS (RWR) ,
Tomas Armendariz. et al vs. James F. Penman. et al. - United
States District Court Case No. 91-5757 CMB (JRx).
CLOSED SESSION
At 8:34 a.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
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8/3/92
!~II;' i ;:: i i
I!!: I ili
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk
i,i. iJ<;rasney, City Administrator Clark. Absent: Council Members
:~llinipe-Ludlam, Miller.
". Also present: J. Lorraine Velarde, Executive Assistant to
the Mayor; Barbara Dillon, Director of Personnel.
COUNCIL MEMBER
At 8:41 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member pope-Ludlam
arrived at
the
READING OF RESOLUTIONS AND ORDINANCES
Deputy City Clerk Jones read the titles of all the
resolutions and ordinances on the regular, supplemental, and
Community Development Commission agendas while the Council was in
closed session.
PERSONNEL DIRECTOR DILLON EXCUSED
At 8:43 a.m., Barbara Dillon, Director of Personnel, left
the closed session.
DEPUTY CITY ATTORNEY SIMMONS ARRIVED
At 8:43 a.m., Richard Simmons, Deputy City Attorney, arrived
at the closed session.
DEPUTY CITY ATTORNEY SIMMONS EXCUSED
Richard Simmons, Deputy City Attorney, left the closed
session.
SR. ASSISTANT CITY ATTORNEY RICHARD MORILLO ARRIVED
Richard Morillo, Sr. Assistant City Attorney, arrived at the
closed session.
ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN ARRIVED
Margaret Scroggin, Administrative Operations Supervisor, City
Attorney's Office, arrived at the closed session.
RISK MANAGEMENT DIRECTOR LORCH ARRIVED
Victor Lorch, Risk Management Director, arrived at the
closed session.
CITY ADMINISTRATOR CLARK EXCUSED
City Administrator Clark left the closed session.
CITY ADMINISTRATOR CLARK RETURNED
Shauna Clark, City Administrator, returned to the closed
session.
3 8/3/92
J. LORRAINE VELARDE EXCUSED
J. Lorraine velarde, Executive Assistant to the Mayor, left
the closed session.
RISK MANAGEMENT DIRECTOR LORCH EXCUSED
Victor Lorch, Director of Risk Management, left the closed
session.
CLOSED SESSION ADJOURNED
At 9:30 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 9:32 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, City Attorney Penman, City Clerk
Krasney. Absent: Council ~lembers Pope-Ludlam, Miller, City
Administrator Clark.
INVOCATION
The invocation was given by Rev. Barnabus Laubach, St.
Bernardine's Medical Center.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Reilly.
COUNCIL MEMBER
At 9:33 a.m.,
Council meeting and
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam arrived
took her place at the council table.
at
the
ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA
(2)
Council Member Estrada gave a report on her trip to the
Pentagon regarding the Norton conversion and to the League of
California Cities in Monterey, California.
CITY ADMINISTRATOR CLARK RETURNED
City Administrator Clark returned to the Council meeting.
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8/3/92
PUBLIC COMMENTS - WARNER HODGDON
(3)
Warner Hodgdon, 3295 Broadmoor, San Bernardino, CA, read
into the record a letter dated August 3, 1992, in which he
responded to allegations made at the Council meetings of July 6
and 20, 1992 concerning grading in the Highland Hills Ranch area
without proper City permits.
PUBLIC COMMENTS - BOB CANTU
(3)
Bob Cantu, 362 North "D" Street, San Bernardino, CA, thanked
Larry Reed, Assistant Director, Planning & Building Services, for
responding to his requests for information on City property in
the downtown area.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 9:47 a.m., Council Member Pope-Ludlam left the Council
meeting.
APPOINTMENT - CIVIL SERVICE BOARD - MAXINE KRAFT (S-3)
In a memorandum dated July 29, 1992, Mayor W. R. "Bob"
Holcomb requested the reappointment of Maxine Kraft, 2830 Mt.
View, San Bernardino, CA, to the Civil Service Board.
Council Member Hernandez made a motion, seconded by Council
Member Minor, and unanimously carried, that the reappointment of
Mrs. Maxine Kraft to the Civil Service Board, be approved.
APPOINTMENT - CENTRAL CITY PARKING PLACE COMMISSION -
JAMES A. DAVIS (8-2)
In a memorandum dated July 29, 1992, Mayor W. R. "Bob"
Holcomb recommended the appointment of James A. Davis, 6099
Rogers Lane, San Bernardino, CA, to the Central City Parking
Place Commission, as requested by Council Member Tom Minor, Fifth
Ward.
Council Member Hernandez made a motion, seconded by Council
Member Minor, and unanimously carried, that the appointment of
James A. Davis to the Central City Parking Place Commission, be
approved.
APPOINTMENT - BOARD OF WATER COMMISSIONERS - JUAN C.
GONZALEZ (S-5)
In a memorandum dated July 16, 1992, Mayor W. R. "Bob"
Holcomb recommended the appointment of Juan C. Gonzalez, 3661
Ridge Line Drive, San Bernardino, CA, to the Board of Water
Commissioners.
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8/3/92
Council Member Hernandez made a motion,
Member Minor, and unanimously carried, that
Juan C. Gonzalez to the Board of Water
approved.
seconded by Council
the appointment of
Commissioners, be
COUNCIL MEMBER
At 9 :49 a.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
EMPLOYEE RECOGNITION AWARDS
(4)
In a memorandum dated July 23, 1992, Les Fogassy, Sr. Real
Property Specialist, Public Works Department, stated that the
Employee Recognition Award Selection Committee received
nominations for employee recognition awards for the second
quarter of 1992. The committee chose the following winners as
recipients of Employee of the Quarter Awards in each of their
respective categories. All winners are entitled to a day off
with pay:
Management/Confidential
Mid-Management
Safety
General
Lee Gagnon
Elias Shehab
Lance Bauer
Cynthia Buechter
City Clerk
Public Services
Police
City Clerk
WAIVE READING OF RESOLUTIONS AND ORDINANCES
(5)
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas, be waived.
CHANGE ORDER NO. TWO - REPLACEMENT OF SEWER LINE
STREET, FROM SEVENTH STREET TO NINTH STREET -
PAVLICH CONSTRUCTION
IN "0"
T. L.
(8)
In a memorandum dated July 9, 1992, Roger G. Hardgrave,
Director of Public Works /Ci ty Engineer, stated that during the
excavation and installation of the sewer main in "D" Street, it
was discovered that the sewer main on Eighth Street did not tie
into the existing "D" Street sewer. The flow in the sewer main
in Eighth Street appears to be impeded. In order to insure
property functioning of the sewer main, it is necessary to
provide a connection. Approximately 200 feet of additional sewer
main is required to make the connection.
The contractor, T. L. Pavlich Construction, has agreed to
install the additional length of 8-inch sewer main at the
contract unit bid price, plus $7.47 per linear foot for
replacement of permanent pavement surfacing. This will result in
an estimated increase of $8,694.00 in the contract price, from
$73,940.00 to $82,634.00.
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8/3/92
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that Change Order No. 2
to the contract with T. L. Pavlich Construction for the
replacement of sewer on "D" Street, in accordance with Plan No.
8587, be approved; to authorize the contractor to install
approximately 200 feet of additional 8-inch sewer pipeline, in
order to connect the sewer in 8th Street to the new main in "D"
Street, for an estimated increase in the contract price of
$8,694.00, from $73,940.00 to $82,634.00.
INSTALLATION OF GUARD RAIL LITTLE MOUNTAIN DRIVE,
RANCHO AVENUE, AND WATE~~N AVENUE - APPROVAL OF PLAN
NO. 8262 & AUTHORIZATION TO ADVERTISE FOR BIDS (12)
In a memorandum dated July 22, 1992, Roger G. Hardgrave,
Director of Public Works /Ci ty Engineer, stated that plans for
installation of guard rail on portions of Little Mountain Drive,
Rancho Avenue, and Waterman Avenue, have been prepared and the
project is ready to be advertised for bids. The project consists
of installing metal beam guard rails at selected locations to
improve traffic safety. The total estimated project cost is
$319,000.
Federal-Aid Hazard Eliminating Funds have been approved to
finance 90% of the project costs. Caltrans has approved the
final cost estimate of $319,000, which constitutes authority to
increase the amount of Federal-Aid Funds for the project.
Supplemental funds in the amount of $10,200 would be needed to
finance the City's 10% share. It is proposed that these
supplemental funds be provided from the available fund balance in
the Gas Tax Fund (126).
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the plans for
installation of guard rail on portions of Little Mountain Drive,
Rancho Avenue, and Waterman Avenue, in accordance with plan No.
8262, be approved; and that the Director of Public Works/City
Engineer be authorized to advertise for bids.
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the transfer of
$10,200, from Account No. 126-000-30405, "Fund Balance," to
Account No. 242-362-57309, "Guard Rail - Waterman Avenue", be
approved.
CLAIMS AND PAYROLL
(14)
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated July 20, 1992, from the Director of Finance, be
approved.
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8/3/92
~
RES. 92-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF
OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN
CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED
FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF THE
RECENT EARTHQUAKES ON JUNE 28, 1992. (16)
RES. 92-294 - RESOLUTION AUTHORIZING THE DIRECTOR OF
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH
RESOURCES PURCHASE CONNECTION, GROUP PURCHASING,
DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S
SENIOR NUTRITION PROGRAM. (18)
RES. 92-295 - 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. (Weed Abatement) (19)
RES. 92-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO A. L. CHAVEZ ENTERPRISES, INC.,
FOR FILL-IN STREET IMPROVEMENTS UNDER CHAPTER 27 OF THE
STREETS AND HIGHWAYS CODE. (20)
.~
RES. 92-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION. . . DESIGNATING CERTAIN STREETS OR PORTIONS
THEREOF AS THROUGH HIGHWAYS. . ;" AND PROVIDING THAT
BEECHWOOD AVENUE IS A THROUGH HIGHWAY AT ITS
INTERSECTION WITH AZALEA AVENUE. (21)
RES. 92-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992-93 ASSESSMENT ROLL, CENTRAL CITY
PARKING DISTRICT FOR OPERATION, MAINTENANCE AND
SECURITY. (22)
RES. 92-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992-93 ASSESSMENT ROLL, EXPANSION OF
FACILITIES FOR CENTRAL CITY PARKING DISTRICT. (23)
RES. 92-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992/93 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 958, SEWER AND SEWER LIFT STATION
CONSTRUCTION, PEPPER AVENUE AND MILL STREET AREA. (24)
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8/3/92
RES. 92-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992/93 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET,
NORTH OF BASELINE STREET IN THE CITY OF SAN BERNARDINO.
(26)
RES. 92-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 966, FOR THE IMPROVEMENT OF DALEY CANYON
ROAD, EASTERLY OF CHIQUITA LANE IN THE CITY OF SAN
BERNARDINO. (27)
RES. 92-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 971, FIRE STATION CONSTRUCTION
REIMBURSEMENT DISTRICT IN THE TRI-CITY AREA. (28)
RES. 92-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992/93 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 973, INSTALLATION OF TRAFFIC SIGNALS AT
UNIVERSITY PARKWAY AND HALLMARK PARKWAY. (29)
RES. 92-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 990, HIGHLAND AND ARDEN SECURITY AND
MAINTENANCE DISTRICT. (30)
RES. 92-306 - RESOLUTION OF THE CITY OF
CONFIRMING THE 1992-93 ASSESSMENT ROLL
DISTRICT NO. 1001, LANDSCAPING
PENNSYLVANIA AND BIRCH AREA.
SAN BERNARDINO
FOR ASSESSMENT
MAINTENANCE,
(31)
RES. 92-307 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR
DISTRICT NO. 1002, LANDSCAPING MAINTENANCE,
STREET AREA.
BERNARDINO
ASSESSMENT
NORTH "H"
(32)
RES. 92-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER FOR THE FURNISHING AND
DELIVERY OF RADIOS AND ACCESSORIES FOR FIRE PUMPER
TRUCK (F-92-17) AND 100 FOOT AERIAL LADDER TRUCK (F-92-
18), TO BE UTILIZED BY THE FIRE DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATIONS Q20070 AND Q20075.
(33)
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8/3/92
RES. 92-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A SCHEDULE 3 ADDENDUM TO LEASE PURCHASE
AGREEMENT NUMBER 108, DATED OCTOBER 28, 1991 TO
MUNICIPAL LEASING CORPORATION FOR THE FINANCING OF ONE
EACH, FIRE PUMPER TRUCK, ONE EACH, 100 FOOT AERIAL
LADDER TRUCK AND RADIOS AND ACCESSORIES FOR BOTH
TRUCKS, TO BE UTILIZED BY THE FIRE DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATIONS F-92-17, F-92-18,
QUOTE Q20070 AND Q20075. (34)
RES. 92-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO SEAGRAVES FIRE APPARATUS,
INC., FOR THE FURNISHING AND DELIVERY OF ONE 100-FOOT
AERIAL LADDER TRUCK TO BE UTILIZED BY THE FIRE
DEPARTMENT IN ACCORDANCE WITH BI::J SPECIFICATION F-92-
18. (35)
RES. 92-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO SEAGRAVES FIRE APPARATUS,
INC., FOR THE FURNISHING AND DELIVERY OF ONE FIRE-
PUMPER TRUCK TO BE UTILIZED BY THE FIRE DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-92-17. (36)
RES. 92-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO L. BARRIOS FOR THE
FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE
CONTRACT FOR SEVENTEEN (17) LOCATIONS, TO BE UTILIZED
BY THE PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT IN ACCORDANCE WITH BI::J SPECIFICATION F-93-
02. (37)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolutions be adopted.
Resol'J.tion Nos. 92-293, 92-294, 92-295, 92-296, 92-297, 92-
298,92-299,92-300,92-301,92-302,92-303,92-304,92-305,92-
306,92-307,92-308,92-309,92-310,92-311, and 92-312 were
adopted by the following vote: Ayes: Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, pope-Ludlam. Nays: None.
Absent: Council Member Miller.
VACANT PARALEGAL POSITION IN CITY ATTORNEY'S OFFICE
(6)
In a memorandum dated July 27, 1992, Council Member
Hernandez requested that the City Attorney be authorized to fill
a vacant paralegal position in the City Attorney's Office.
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8/3/92
Mayor Holcomb urged the Council to delay action until after
completion of the audit of the City Attorney's Office. He
expressed concern regarding increase in staff and the
department's budget. Mayor Holcomb pointed out that Mr. Penman's
budget has increased 300%.
City Attorney Penman responded to concerns expressed by the
Mayor and explained the need to fill the vacant position in the
office.
Gary Kirby,
concern regarding
Attorney Penman.
1505 Yardley, San Bernardino, Ca., expressed
the quandary between Mayor Holcomb and City
Council Member Hernandez made a motion, seconded by Council
Member Reilly, to authorize the City Attorney to fill the vacant
paralegal position.
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Hernandez, Maudsley, Minor. Nays:
Council Member pope-Ludlam. Absent: Council Member Miller.
CHANGE ORDER NO. 8 REGRADE AND REPAVE EXISTING
PARKING LOT AT MARINE-NAVY RESERVE CENTER TO MATCH NEW
IMPROVEMENTS ON WATERMAN AVENUE, FROM MILL STREET TO
FIFTH STREET - E. L. YEAGER CONSTRUCTION (7)
In a memorandum dated July 15, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that project
plans required the installation of new curb, gutter and driveway
approaches in front of the Marine-Navy Reserve Center located on
Waterman Avenue, south of Fourth Street. After the new curb,
gutter, and driveway approaches were installed, the existing
parking lot was found to be considerably lower than the new
improvements and therefore, was unusable. In order to provide
vehicular access to the property, it was necessary to remove and
replace the pavement for the existing parking lot, at a grade to
match the newly placed curb, gutter and driveway approaches. The
contractor has quoted a net price of $5,379.53 to reconstruct and
pave the parking lot.
City Attorney Penman requested, for the record, specific
reasons for the requested change order.
City Engineer Hardgrave explained that this change order was
necessary in order to correct an unusable driveway approach and
match the exiting parking lot at the grade of the newly placed
curb, gutter and driveway approaches.
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8/3/92
A discussion was
presented at agenda
meetings.
held regarding detailed information being
briefings rather than at the Council
Mayor Holcomb requested that City Attorney Penman submit his
concerns in writing to be discussed during Council agenda
briefings.
COUNCIL MEMBER MAUDSLEY EXCUSED
Council Member Maudsley left the Council meeting.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that Change Order No.8, to the contract with E.
L. Yeager Construction Company, Inc. , for the pavement
rehabilitation on Waterman Avenue, from Mill to Fifth Street, in
accordance with Plan No. 8038, be approved; to authorize the
contractor to regrade and repave the existing parking lot at the
Marine-Navy Reserve Center to match new improvements on Waterman
Avenue, at an increase in the contract price of $5,379.53, from
$1,180,820.79 to $1,186,200.32.
*Note: No vote was taken on the motion.
City Attorney Penman stated that the law requires that
sufficient information be on record regarding reasons Ior ~hange
orders. Mr. Penman pointed out that the information is not
included in the backup.
~
Mayor Holcomb stated that City Attorney Penman's request
that City Engineer Hardgrave provide reasons for the requested
changes orders was improper and a matter of unjustified
criticism. Mayor Holcomb stated that for the past fifty years,
the validity of the change orders has never been challenged in
court.
Council Member Minor made a motion, seconded by Council
Member Hernandez, that agenda Item Nos. 7, 9, 10, and 11 be
continued to the afternoon portion of the Council agenda, to
allow Mr. Penman an opportunity to meet with City Engineer
Hardgrave to explain the reasons for the change orders. See page
33.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam.
None. Absent: Council Members Mauds1ey, Miller.
Council
Nays:
12
8/3/92
RATIFY
PERFORM
FINANCE
CONTRACT
EXPEDITED
DIRECTOR
RALPH ANDERSON
RECRUITMENT FOR
& ASSOCIATES TO
THE POSITION OF
( 13)
In a memorandum dated July 16, 1992, Shauna Clark, City
Administrator, reported that at the Council Personnel Committee
of July 9, 1992, a recommendation was made to hire the consulting
firm of Ralph Anderson and Associates to perform an expedited
recruitment to fill the position of Finance Director which will
become vacant July 31, 1992. The cost of the contract is
$10,500, plus routine expense reimbursement including advertising
and printing.
City Administrator Clark explained that the contract item
was not acted upon at the July 20, 1992 Council meeting, and that
she took the liberty, under her authority as City Administrator,
to sign the contract with Ralph Anderson and Associates to
expedite the recruitment for the position of Finance Director as
requested by the Personnel Committee.
COUNCIL MEMBER MAUDSLEY RETURNED
At 10:35 a.m., Council Member Maudsley returned to the
Council meeting and took his place at the council table.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 10:35 a.m., Council Member Pope-Ludlam left the Council
meeting.
Council Member Estrada made a motion, seconded by Council
Member Reilly, and unanimously carried, that the contract with
Ralph Anderson & Associates, to perform an expedited recruitment
for the position of Finance Director, be ratified. '
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:40 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
PERSONNEL ACTIONS
(15)
Ci ty Administrator Clark answered questions regarding the
personnel action requests for Frederick Wilson and Mary Hardos-
Ducey. Ms. Clark explained that the requested action for Mr.
Wilson is for higher acting classification, from Assistant City
Administrator to Director of Finance, for a period of thirty
days; and that the requested action for Mrs. Mary Hardos-Ducey is
for an out-of-phase merit increase. Mrs. Ducey would be
performing the duties of Mr. Wilson in the interim.
13
8/3/92
Council Member Estrada made a motion, seconded by Council
Member Reilly, and unanimously carried, that the personnel
actions submitted by the Chief Examiner dated July 23, 1992, in
accordance with all administrative regulations of the City of San
Bernardino, be approved.
RES. 92-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE
CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT
OF PUBLIC NUISANCES. (Building Abatement) (17)
City Clerk Krasney informed the Mayor and Council
property owner, Marjorie M. White, residing at 1441 W.
Street, Torrance, CA 90501, paid the lien for property
at 563 W. Virginia Street, San Bernardino, CA. Ms.
requested that the item be deleted from Exhibit "A".
that
216th
located
Krasney
Council Member Maudsley made
Member Hernandez, that the
interdelineation to delete Parcel
page 7 of Exhibit "A"; and that
amended.
a motion, seconded by C9uncil
resolution be amended by
No. 0145 203 13 from line 16,
said resolution be adopted as
The motion carried by th8 follo;,'ing vote: Ayes: Council
Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam.
Nays: None. Absent: Council Member Miller.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
PURCHASE ORDER TO EXCEL LANDSCAPE FOR THE FURNISHING
AND DELIVERY OF ANNUAL MAINTENANCE FOR LANDSCAPE AND
IRRIGATION AT SECCOMBE LAKE, TO BE UTILIZED BY THE
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-93-03. (Continued
to later in the meeting. See page 37) (38)
Discussion ensued regarding the poor quality of maintenance
and landscaping of Seccombe Lake Park performed by the previous
contractor. It was suggested that a review period of 90 days be
initiated on the purchase order with Excel Landscape to ensure
that all landscaping and maintenance comply with City standards.
*Note: This item was continued to later in the meeting to
allow the City Administrator and the City Attorney an opportunity
to discuss the language in the resolution. See page 37.
COUNCIL MEMBER REILLY EXCUSED
Council Member Reilly left the Council meeting.
14
8/3/92
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTION F OF SECTION 5.04.525 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO BUSINESS REGISTRATION
CERTIFICATES FOR COMMERCIAL, INDUSTRIAL AND RESIDENTIAL
RENTAL OR LEASING. First (39)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
ordinance be laid over for final adoption;
APPEAL - BOARD OF BUILDING COMMISSIONERS' FINDINGS AND
ACTION OF AUGUST 16, 1991 RELATING TO PROPERTY LOCATED
AT 1095 W. SPRUCE STREET - MAURICE PETERS - CONTINUED
FROM JULY 6, 1992 (40)
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appeal of the
Board of Building Commissioners' finding and action of August 16,
1991, relating to property at 1095 W. Spruce Street, be continued
to 2:00 p.m., in the Council Chambers. (See page 32)
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council meeting and
took his place at the council table.
AUTHORIZATION TO PROCEED BELMONT AND
LANDSCAPE MAINTENANCE DISTRICT (SETBACK
CONTINUED FROM JULY 6, 1992
ROYAL OAK
AREA ONLY)-
(41)
This is the time
authorization to proceed
Maintenance District for
and place continued to
with the Belmont and Royal
the setback area only.
discuss the
Oak Landscape
In a memorandum dated July 28, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that a request was
received to form an assessment district for the maintenance of
landscaping for front and side yards within the setback areas of
Tentative Tract No. 14997 located within the boundaries of
Belmont Avenue, Palm Avenue and Chestnut Avenue. The petition
is the result of requirements by the City for the developer to
establish the district. The assessment includes the maintenance
of landscaping, energy costs, and administrative costs. The
maintenance of landscaping will only be done in the event the
property owner fails to maintain their respective properties
within the setback areas.
City Engineer Hardgrave explained that an appeal has been
received on Tentative Tract No. 14997, and the appeal is
scheduled to be heard August 17, 1992. Mr. Hardgrave requested
that the Belmont and Royal Oak Landscape Maintenance District
item be continued to August 17, 1992
15
8/3/92
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the item relative
to the Belmont and Royal Oak Landscape Maintenance District, be
continued to August 17, 1992, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
REVIEW OF POLICES AND PRACTICES RELATING TO CALCULATION
OF BUSINESS REGISTRATION FEES FOR APARTMENT COMPLEXES
- V. ALAN SWENSEN OF HILL WILLIAMS - CONTINUED FROM
JULY 20, 1992 (42)
This is the time and place continued to for review of
polices and practices relating to the calculation of business
registration fees for apartment complexes requested by V. Alan
Swensen of Hill Williams.
It was pointed out that V. Alan Swensens' concerns regarding
the business registration fees for apartment complexes have bet"
resolved by the amendment to San Bernardino Municipal Code
Section 5.04.525, Subsection "F". *Note: (See related Item No.
39 for the ordinance)
Council Member Maudsley made a motion, seconded by Council
Hernandez, and unanimously carried, that the item be tabled.
BUSINESS REGISTRATION FEES FOR COMMERCIAL PROPERTIES-
JIMMY SUMMERS - CONTINUED FROM JULY 20, 1992 (43)
This is the time and place continued to consider business
registration fees for commercial properties as requested by Jimmy
Summers.
It was pointed out that Jimmy Summers' concerns regarding
the business registration fees for commercial properties have
been resolved by the amendment to San Bernardino Municipal Code
Section 5.04.525, Subsection F. *Note: (See related Item No. 39
for the ordinance)
Council Member Maudsley made a motion,
Member Hernandez, and unanimously carried,
tabled.
seconded by Council
that the item be
UNLICENSED ONGOING CAR WASHES
(44)
In a memorandum dated July 23, 1992, James F. Penman, City
Attorney, stated that several City offices have received
complaints of ongoing car washes being conducted on the property
of other businesses without business licenses. The "bootleg" car
washes are having significant adverse effect on licensed car
washes within the City. Some of these car washes are contending
that they are being operated as church fund raisers even though
they are being conducted up to three times a week.
16
8/3/92
City Attorney Penman requested that a review be made of the
City's policy relating to car washes.
Council Member Hernandez made a motion, seconded by Council
Member Minor, and unanimously carried, that the matter of ongoing
car washes operating without a City Business Registration
Certificate be referred to the Legislative Review Committee.
DISCUSSION AND POSSIBLE ACTION REGARDING MAYOR'S
ACTIONS AND DIRECTIVES RELATIVE TO CITY ATTORNEY'S
OFFICE - CONTINUED FROM JULY 20, 1992 (45)
In a memorandum dated July l6, 1992, Council Member Esther
Estrada, First Ward, requested that the Council discuss and take
possible action regarding the Mayor's recent actions and
directives relative to the City Attorney's Office.
Council Member Hernandez made a motion, seconded by Council
Member Minor, and unanimously carried, that the matter relative
to the Mayor's recent actions and directives for the City
Attorney's Office be heard as the last item on the Council's
agenda. (See page 37)
RES. 92-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF CANCELLATION OF LEASE AND
GRANT OF FACADE EASEMENT BY AND BETWEEN MT. VIEW
CEMETERY OF SAN BERNARDINO AND THE CITY OF SAN
BERNARDINO. (S-l)
Discussion ensued regarding ownership of the cemetery and
the possibility of subleasing the office building located at the
southwest corner of Mt. View Cemetery.
The Mayor and Common Council discussed the efforts of the
volunteer group responsible for making the improvements to the
facade and exterior structure of the office building.
Council Member Maudsley made a motion, seconded by Council
Member Hernandez, that the resolution be adopted with Agreement
"B" .
Ayes:
Minor,
Miller.
Resolution No. 92-314 was adopted by the following vote:
Council Members Estrada, Reilly, Hernandez, Maudsley,
pope-Ludlam. Nays: None. Absent: Council Member
17
8/3/92
APPROVE FUNDING IN THE AMOUNT OF $25,000
TO AID IN GANG INTERVENTION, JOB
REHABILITATION PROGRAMS.
- LOS PADRINOS
TRAINING AND
(5-4)
In a memorandum dated July 29, 1992, Council Member Ralph
Hernandez, Third Ward, requested funding assistance in the amount
of $25,000 on behalf of Los Padrinos, to aid in gang
intervention, job training, and rehabilitation programs.
It was pointed out that since the funding for the Los
padrinos project would come from the Collateralized Mortgage
Obligation (CMO) monies, any action regarding this matter should
be taken under the Community Development Commission's portion of
the agenda.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the funding request
for Los padrinos be tabled.
RES. 92-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CALIFORNIA STATE DEPARTMENT OF EDUCATION, FOOD
DISTRIBUTION SECTION FOR COMMODITIES DONATED BY THE
AGRICULTURAL MARKETING SERVICE FOR USE IN THE CITY'S
SUMMER FOOD SERVICE FOR USE IN THE CITY'S SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD JUNE 29,
1992 THROUGH AUGUST 28, 1992. (S-6)
Council Member Minor made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Ayes:
Minor,
Miller.
Resolution No. 92-315 was adopted by the following vote:
Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam. Nays: None. Absent: Council Member
RECESS MEETING
At 11:05 a.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 11:11 a.m., the regular meeting of the Mayor and Common
Council reconvened in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Sr. Assistant City
Attorney Barlow, City Clerk Krasney. Absent: City Administrator
Clark; Council Member Miller.
18
8/3/92
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:11 a.m., Chairman Holcomb called to order the regular
meeting of the Community Development Commission.
EMERGENCY SHELTER GRANT PROGRAM (ESGP) FUNDING AWARD
(R-2)
In a memorandum dated July 29, 1992, Kenneth J. Henderson,
Executive Director of the Development Department, stated that on
June 15, 1992, the Mayor and Council approved a Request for
Proposals for the City's Fiscal Year 1992/93 Emergency Shelter
Grant Program in the amount of $43,000, and authorized staff to
solicit proposals from qualified non-profit entities. Staff was
directed to utilize the Housing Committee to review eligible
proposals and make funding recommendations to the Mayor and
Common Council.
On July 28, 1992, the Housing Committee considered several
proposals and recommended that funds be allocated in the amount
of $18,000, to the Salvation Army; and $25,000 to the Frazee
Community Center.
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the Mayor and Common
Council approve funding from the FY 1992/93 Emergency Shelter
Grant Program (ESGP) to the Frazee Community Center in the amount
of $25,000 and the Salvation Army in the amount of $18,000,
pursuant to an ESGP Request for Proposals previously approved for
issuance by the Mayor and Common Council.
RES. 92-316 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND BILLY ARDT, INC. (UPTOWN REDEVELOPMENT
PROJECT AREA) (R-3)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Ayes:
Minor,
Miller.
Resolution No. 92-316 was adopted by the following vote:
Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam. Nays: None. Absent: Council Member
OPTION HOUSE, INC. FINANCIAL ASSISTANCE ADDITIONAL
HOUSING DEVELOPMENT (R-4)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the Mayor and Common
Council ratify its action of February 17, 1992 taken in
conjunction with the Option House Housing Development Project.
19
8/3/92
RES. 92-317 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING .AGREEMENT BY AND BETWEEN THE CITY
OF SAN BERNARDINO AND OPTION HOUSE, INC., EFFECTIVE MAY
22, 1992, FOR ADDITIONAL HOUSING DEVELOPMENT. (R-4)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Ayes:
Minor,
Miller.
Resolution No. 92-317 was adopted by the following vote:
Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam. Nays: None. Absent: Council Member
RES. 92-318 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO COMMENDING THE
MEMBERS OF THE CITIZENS ADVISORY COMMITTEE FOR THE
UPTOWN REDEVELOPMENT PROJECT AREA AND DISSOLVING THE
COMMITTEE. (R-10)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Ayes:
Minor,
Miller.
Resolution No. 92-318 was adopted by the following vote:
Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam. Nays: None. Absent: Council Member
IMPROVEMENT OF HUNTS LANE GRADE CROSSING NO. B-541.0-
PLAN NO. 8297 (R-11)
In a memorandum dated July 23, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that only one bid
was received for the improvement of the Hunts Lane grade
crossing. The contractor had included additional traffic control,
insurance, and requirements of Southern Pacific Railroad,
concerning inspection and safety, which exceeded the Engineer's
estimate of $51,000 by 94%. Since the contractor indicated he
would not be willing to perform the specified work on a time and
material basis, Cal Trans and staff agreed to reject the bid and
re-advertise the project with certain modifications.
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the bid received for
the improvement of the Hunts Lane Railroad Crossing, per Plan No.
8297, be rejected as it was 94% over the Engineer's estimate, and
that authorization be granted ~o re-advertise for bids.
20
8/3/92
SAN BERNARDINO COUNTY DEPARTMENT OF PRE-SCHOOL SERVICES
_ HEADSTART PROGRAM - 2382 DEL ROSA AVENUE (R-13)
In a memorandum dated July 29, 1992, Kenneth J. Henderson,
Executive Director of the Development Department, reported that
staff received a request from Head Start for $1,500.00 for
development permit fees to open a Child Development Program at
2382 Del Rosa Avenue in the City of San Bernardino. Staff has
determined that the request submitted by Head Start is eligible
for Community Development Block Grant Funding. On July 30, 1992,
the Community Development Citizens Advisory Committee reviewed
the request and recommended approval by the Mayor and Common
Council.
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the Mayor and Common
Council appropriate $1,500 in CDBG Appropriated Reserve Account
Funds for a development permit for the Head Start facility
located at 2382 Del Rosa Avenue.
RES. 92-319 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CAMP FIRE - SAN ANDREAS COUNCIL. (R-14)
RES. 92-320 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CHILDREN'S FUND. (R-15)
RES. 92-321 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND EASTER SEAL SOCIETY AND INLAND AREA HEAD
INJURY GROUP. (R-16)
RES. 92-322 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING,
INC., HIGHLAND SENIOR CENTER. (R-17)
21
8/3/92
RES. 92-323 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GAANT FUNDING AGREEMENT BETWEEN THE CI'fY OF SAN
BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC.
_ HEALTH ENHANCEMENT CENTER/WELLNESS PROGRAMS. (R-18)
RES. 92-324 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MARY'S MERCY CENTER, INC. (R-19)
RES. 92-325 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND ROLLING START, INC. - HELPLINE. (R-20)
RES. 92-326 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND ROLLING START, INC., DEAF SERVICES.
(R-2l)
RES. 92-327 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND GREATER SAN BERNARDINO AREA SPECIAL
OLYMPICS. (R-22)
RES. 92-328 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CENTER FOR INDIVIDUALS WITH DISABILITIES
- PROJECT LEO. (R-23)
RES. 92-329 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CENTER FOR INDIVIDUALS WITH DISABILITIES
- CID ANNEX. (R-24)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolutions be adopted.
22 8/3/92
Resolution Nos. 92-319, 92-320, 92-321, 92-322, 92-323, 92-
324, 92-325, 92-326, 92-327, 92-328, and 92-329 were adopted by
the following vote: Ayes: Counc il Members Estrada, Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent:
Council Member Miller.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
CHAPTER 3.18 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE ENTERPRISE ZONE. First (R-26)
Council Member Minor made a motion,
Member Maudsley, that said ordinance be
adoption.
seconded by Council
laid over for final
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam,
Council Member Estrada. Absent: Council Member Miller.
Council
Nays:
RES. 92-330
COUNCIL OF THE
RESOLUTION NOS.
-76 RELATING TO
RESOLUTION OF THE MAYOR AND COMMON
CITY OF SAN BERNARDINO REPEALING
86-354, 85-411, 85-405, 85-163, AND 83
THE CITY'S ENTERPRISE ZONE. (R-26)
Council Member Minor made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution No. 92-330 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam. Nays: Council Member Estrada. Absent: Council Member
Miller.
RECESS MEETING
At 12:02 p.m., the regular mee~ing of the Mayor and Common
Council recessed to 2:00 p.m., in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:10 p.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,
Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney
Empeno, City Clerk Krasney. Absent: Council Members Reilly,
Miller; City Administrator Clark.
23
8/3/92
APPEAL - PLANNING COMMISSION'S DENIAL OF REQUEST FOR
ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT
NO. 90-32 - TO ESTABLISH A vEHrr-:LE RECYCLING YARD -
SOUTH SIDE OF WALNUT STREET, EAST OF MUSCOTT STREET -
JOHN LIGHTBURN - CONTINUED FROM JULY 6, 1992 (46)
This is the time and place continued to for an appeal f the
Planning Commission's denial of request for a one-year exc~nsicn
of time for Conditional Use Permit No. 90-32, to establish a
vehicle recycling yard located on the south side of Walnut
Street, 380 feet east of Muscott Street. The applicant is John
Lightburn.
In an undated memorandum, Al Boughey, Director of Planning &
Building Services, stated that on June 15, 1992, the Mayor and
Common Council heard the appeal of the extension of time request
for Conditional Use Permit No. 90-32. During the hearing,
several environmental concerns were expressed regarding the
pro j ect. Among those concerns were adequate screening through
height of wall and landscaping, property maintenance, noise, and
the use of public address (PA) systems on the site. Staff
reviewed the proposal and provided new conditions of approval and
standard requirements to mitigate the concerns.
Staff has recommended that the Mayor and Council uphold the
appeal and approve a one-year extension of time, until January 8,
1993, for Conditional Use Permit No. 90-32, subject to the
findings of fact contained in the Planning Commission staff
report of March 3, 1992, and the attached conditions of approval
and standard requirements (Exhibit "A").
Mayor Holcomb opened the hearing.
Larry
Services,
Use Permit
Reed, Assistant Director
gave background information
No. 90-32.
of Planning & Building
regarding the Conditional
John Lightburn, P. O. Box 1622, San Bernardino, Ca.,
representing Bud Long, stated that the owner has agreed to all
conditions as outlined by the staff with the exception of the
effective date on the extension of time . He proposed that the
extension date be set from today's date in order for Mr. Long to
complete all plans for his project.
Henry Empeno, Deputy City Attorney, advised the Council that
the application request to extend the period of time past the one
year limitation from the date the original conditional use
permit expired would be inconsistent with the City's Development
Code.
24
8/3/92
He stated that the ordinance has provisions which could be
the basis for legal challenge.
Discussion ensued regarding the ordinance being silent
concerning the effective date on extension of time requests.
Mr. Lightburn pointed out that a full
the extension of time in order for Mr.
entire application process. He proposed
time be set from the date the application
April 20, 1992.
12 months is needed on
Long to complete the
that the extension of
was deemed complete on
Larry Reed explained that the ordinance is not specific as
to whether the twelve months starts from the date the
application is approved or from the date the Council takes action
to approve. Mr. Reed answered questions and stated that if the
extension of time was granted with an effective date of 12 months
from today, from an operational standpoint it could allow the
applicant to proceed without completing the entire approval
process. Mr. Reed stated that granting the extension of time
from the time the application was deemed complete would be more
reasonable.
A member of the Council requested a legal opinion from the
City Attorney's Office regarding the legalities of what can or
cannot be done in terms of extending the effective date.
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that the hearing be closed and that the Mayor
and Common Council uphold the appeal and approve the extension of
time for one year, until January 8, 1993, for Conditional Use
permi t No. 90-32, subject to the findings of fact contained in
the Planning Commission staff report of March 3, 1992, and the
attached conditions of approval and standard requirements
(supports staff recommendation and appellant's request).
The motion carried by
Members Estrada, Maudsley,
Member Hernandez. Absent:
the following vote: Ayes: Council
Minor, Pope-Ludlam. Nays: Council
Council Members Reilly, Miller.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, to reconsider action
relative to the one-year extension of time for Conditional Use
Permit No. 90-32 in order that separate motions can be
registered.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the public hearing be
closed.
25
8/3/92
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that the Mayor and Common Council uphold the
appeal and approve the extens ion 0 f time for one year, until
August 3, 1993, for Conditional Use Permit No. 90-32, subject Lw
the findings of fact contained in the Planning Commission staff
report of March 3, 1992, and the attached conditions of approval
and standard requirements.
The motion carried by
Members Estrada, Maudsley,
Member Hernandez. Absent:
the following vote: Ayes: Council
Minor, Pope-Ludlam. Nays: Council
Council Members Reilly, Miller.
APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO.
92-10 - TO CONSTRUCT A 95-FOOT TALL FREEWAY SIGN - I-
215 NORTHBOUND OFFRAMP, UNIVERSITY PARKWAY CAMDEN
DEVELOPMENT LTD (QUIEL BROS. SIGN CO.) (47)
This is the time and place set for an appeal of the Planning
Commission's denial of Variance No. 92-10, to construct a 95 foot
tall freeway sign and a center identification monument sign
located at the northeast corner of the I-215 northbound offramp
and University Parkway. The appeal is filed by Quiel Bros. Sign
Co. representing the applicant, Camden Development LTD.
In a memorandum dated July 23, 1992, Al Boughey, Director of
Planning & Building Services, stated that applicant is requesting
a variance from Development Code Sections 19.14.030 (6) ,
19.22.150(C)(3)(e) and 19.22.150(C)(3)(f), to construct a 95-foot
tall freeway oriented sign identifying seven tenants and a center
identification monument that identifies six tenants. The subject
property is located at the northeast corner of University Parkway
and Interstate I-215 northbound offramp, and is at the westerly
terminus of the Shandin Hills area.
On July 7, 1992, the Planning Commission denied Variance No.
92-10 based on statements that the excess sign area was
unwarranted and that the flag test to determine the minimum
height for freeway visibility was conducted inaccurately.
On July 16, 1992, the appellant conducted a new flag test
with Planning staff and a City building inspector observing the
operation. Based on the flag test results, the bottom of the
target was 62 feet above the ground before it became visible from
the observation distance; which translates to an overall height
of 98 feet above natural grade. It is staff's determination that
the height suggested by the flag test will create a negative
visual impact that cannot be mitigated. The proposal is
consistent with the Development Code except for the following
components:
26
8/3/92
1. A 95-foot tall freeway oriented sign identifying seven
tenants is proposed, whereas the Development Code
allows a maximum height of 25 feet with identification
of the center name and the major tenant only;
2. A center identification monument sign is proposed to
identify six tenants, whereas the Development Code
permits the identification of no more than three
tenants;
3. A convenience store within 1000 feet of another
convenience store, as measured from property line to
property line, is proposed, whereas the Development
Code requires a minimum distance of 1,000 feet between
parcels containing such uses.
Mayor Holcomb opened the hearing.
Larry Reed, Assistant Director, Planning & Building
Services, presented background information as contained in the
staff report dated July 23, 1992.
Ari Miller, 148 Palm Drive, Los Angeles, CA stated that for
the last fifteen months he has been working with the community in
trying to develop an upscale restaurant row and shopping center
at the offramp of university Parkway and I-215. He stated that
the parcel will contain restaurants, gas station, a bank, and a
retail building. He stated that upon completion of the project
approximately 160 full time jobs will be provided t9 the
community.
Mr. Miller stated that his project is located adjacent to
Highway 215. A flag test conducted by Quiel Bros. revealed that
there is a large hill directly behind the site which completely
blocks the first 65 feet of any sign. Because of this it is
requested that a taller sign be approved due to the unique
topographic nature of the site. He stated that there is a
proposal for seven tenant sign panels to accommodate the tenants.
Gary Quiel, Quiel Bros. Sign Co., 272 South "I" Street, San
Bernardino, CA, stated that a document had been distributed to
the Mayor and Council in hopes of clarifying confusion at the
Planning Commission meeting. He stated that there was some
confusion regarding the flag test conducted by Quiel Bros. He
stated that Quiel Bros was initially unable to gain access to the
exact area where the sign is proposed due to grading.
Mr. Quiel stated there is another concern related to the
sign design. He stated that the Planning Department had
requested that the sign be redesigned. However, the Planning
Commission did not receive a copy of the revised design. Each of
27
8/3/92
the tenant signs would only be seven foot by seven foot which
equals 49 square feet per major tenant per each side of the sign.
He stated that these are single tenants which will own parcels
next to the freeway.
Larry Reed answered questions regarding the total fc-ctage
allowed per parcel for free standing freeway sign. He :.ated
that there would have to be an excess of 300 linear feet of the
freeway frontage for each business in order for each tenant to
have its own free standing freeway sign.
Mr. Quiel answered questions regarding the flag test. He
stated that the flag test was performed exactly on the site and
was taken at a speed of 55 m.p.h.
Mr. Reed answered questions regarding the number of signs
allowed under City code. He stated that only one sign is allowed
to identify the shopping center and one other major tenant for
freeway oriented signs. Freeway oriented signs are the taller
signs allowed along the freeway. Mr. Reed stated that there are
other signs allowed along the secondary street.
Mr.
present
present.
Reed answered questions and stated
during the flag test, but that a
that
City
he was
Planner
not
was
Mr. Quiel answered questions and stated that there were no
other signs along the freeway that would be blocked by the
proposed sign. He stated that the height requested will not
exceed the height of the existing Del Taco sign.
Mr. Quiel explained that what was presented before was a
sign for 95 feet. After redesigning the sign, the footage has
been increased to III feet.
Mr. Miller answered questions regarding the
seven tenant signs. Mr. Miller stated that
signed a lease and that he has received proposals
International House of Pancakes.
identity of
McDonald's
from Texaco
the
has
and
Ken Laguna, 409 Norton, Hemet, CA, General Manager for Jack
in the Box located at University Parkway, expressed support for
the sign variance. Mr. Laguna further requested that the
Council reconsider his request for a sign variance for the Jack
in the Box restaurant.
Council Member Estrada made a
Member Hernandez, and unanimously
hearing be closed.
motion, seconded
carried, that
by Council
the public
Discussion ensued regarding the height of the sign and the
type of businesses that may be listed on the sign.
28
8/3/92
Council Member Minor made a motion, seconded by Council
Member Hernandez, that the Mayor and Common Council deny the
appeal of Variance No. 92-10, based on findings of fact contained
in Exhibit 5.
The
Members
Estrada,
motion failed by the following vote:
Hernandez, Maudsley, Minor. Nays:
pope-Ludlam. Absent: Council Members
Ayes: Council
Council Members
Reilly, Miller.
Council Member Estrada made a motion, seconded by Council
Member Hernandez, to reconsider the request for Variance No. 92-
10, to allow Mr. Paul Brown an opportunity to speak.
The motion carried by the following vote: Ayes: Council
Members Estrada, Hernandez, Minor, Pope-Ludlam. Nays: Council
Member Maudsley. Absent: Council Members Reilly, Miller.
Paul Brown, consultant for Quiel Bros. Sign Co., answered
questions regarding the sign design. He advised Council that the
City's Planning staff recommended the sign design listed in the
staff report.
Mr. Reed stated that the sign listed in the staff report
contains aesthetic problems. Staff suggested that the sign be
redesigned. He stated that if Council voted to grant the
variance, staff would suggest that Quiel Bros be directed to come
back with more architectural treatment for the sign as required
by the Development Code.
Mr. Brown agreed to continue the matter for thirty days to
improve the sign design aesthetically.
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appeal of
Variance No. 92-10, be continued for thirty days (September 8,
1992) with the understanding that the applicant bring back
improved freeway sign designs.
PUBLIC HEARING PLANNING COMMISSION'S APPROVAL OF
TENTATIVE TRACT NO. 15451 AND CONDITIONAL USE PERMIT
NO. 92-04 - CONSTRUCT PHASE I (68 UNITS) OF A TWO-
PHASE, 118 UNIT AFFORDABLE VICTORIAN TOWNHOUSE
DEVELOPMENT (48)
This is the time and place set for a public hearing on the
Planning Commission's approval of Tentative Tract No. 15451 and
Conditional Use Permit No. 92-04, to construct Phase I (68 units)
of a two-phase, 118 unit affordable Victorian townhouse
development. The subject property consists of several parcels
29
8/3/92
within
Street
west.
91786.
a city block bounded by 6th Street on the south,
on the east, 7th Street on the north and "G" Street on
The applicant is Empire Bay, 985 Via Serana, Upland,
"FII
the
CA,
In a memorandum dated July 23, 1992, Al Boughey, Director of
Planning & Building Services, reported that the applicant's
request for approval of Tentative Tract No. 15451 was approved
by the Planning Commission on July 21, 1992. Staff recommended
that the Mayor and Council adopt the ~iti~at~c Negative
Declaration and Mitigation Monitoring and Reporting 2.:'",'- .-3.11': .'md
approve Conditional Use Permit No. 92-04 and Tentative ~ract
15451, based on the attached conditions of approval and standara
requirements in Exhibit 1.
Mayor Holcomb opened the hearing.
John Lightburn, 149 West Sixth Street, San Bernardino, CA,
expressed concern relative to the down payment needed for a
family to obtain the home. He felt that a contingency fund
should be established to offset the down payment costs in order
to make the project economically feasible. Mr. Lightburn further
stressed concerns that the project lacked adequate plans for
landscaping and maintenance; and lacked provisions for a
children's playground.
Mr. Lightburn suggested the need for further review of the
financing package to determine that the project is achievable
for low-income family households.
Dan Fauchier, 672 North "F" Street, San Bernardino, CA,
Division of Community Lane Trust, house moving contractor, stated
that this project is designed as a community land trust which
carries a number of advantages. One of the advantages is that
the entire parcel is a single parcel that is owned by the people
who live there.
Mr. Fauchier stated that on-site maintenance is
the land trust through membership of the community.
neighbors are asked to join the land trust which will
needs of the residents in that particular block.
provided by
Adjoining
service the
John Husing, Financial Consultant, Inland Empire Management
Center, Cal State University, 5500 University Parkway, San
Bernardino, CA, answered questions regarding the method of
determining the financing package for low to moderate income
households to qualify to purchase the townhomes.
Mr. Fauchier answered questions regarding provisions for
playground facilities. He stated that there are two tot lots
planned for the project.
30
8/3/92
It was suggested that the matter be continued for two weeks
to allow further review of the financing package figures used to
determine how low-income households would qualify to purchase the
townhomes.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the public hearing
relative to Tentative Tract No. 15451 and Conditional Use Permit
No. 92-04, be continued to Monday, August 17, 1992, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECESS MEETING
At 3:41 p.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 3:48 p.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council in the Council Chambers of City
Hall.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada,
Hernandez, Maudsley, Minor; Deputy City Attorney Empeno, City
Clerk Krasney. Absent: Council Members Reilly, Pope-Ludlam,
Miller; City Administrator Clark.
COUNCIL MEMBER
At 3:49 p.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
APPEAL - BOARD OF BUILDING COMMISSIONER'S FINDINGS AND
ACTION OF AUGUST 16, 1991 - PROPERTY AT 1095 W. SPRUCE
STREET - MAURICE PETERS - CONTINUED FROM JULY 6, 1992-
DISCUSSED FROM EARLIER IN THE MEETING. SEE PAGE 15
(40)
This is the time and place continued to consider an appeal
of the Board of Building Commissioners' findings and action of
August 16, 1991, relating to property located at 1095 W. Spruce
Street. The appellant is Maurice Peters.
In a memorandum dated July 30, 1992, Al Boughey, Director of
Planning & Building Services, provided a summary of previous
Council actions regarding property located at 1095 W. Spruce.
Since May 31, 1991, the Code Compliance Division has made
inspections of the property which revealed that abandoned
vehicles, large amounts of junk, trash and debris were located on
the property. Inspection of the structure also revealed
substandard conditions and hazardous electrical wiring. Numerous
appeal hearings were held and staff was directed to conduct
other inspections. Inspection reports filed by staff have shown
31
8/3/92
that Mr. Peter has made slow progress in abating the public
nuisance.
At the July 6, 1992 Council meeting, Mr. Peters claimed that
his procedural Que process rights had been violated. As '"
result, the Mayor and Council requested staff to make a written
reply to Mr. Peters' allegations. The response to Mr. Peters'
allegations have been summarized into two main areas, procedural
due process and insufficiency of evidence.
Mayor Holcomb opened the hearing.
Larry Reed, Assistant Director of Planning & Building
Services, responded to the allegations made by Mr. Peters
as outlined in the staff report dated July 30, 1992.
COUNCIL MEMBER HERNANDEZ EXCUSED
At 3:51 p.m. Council Member left the Council meeting.
A member of the Council stated that she had observed a
laundry line and a boarded up vehic Ie on the property. It was
pointed out that the Council has tried to accommodate Mr. Peters
on this matter for almost a year.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the Mayor and Common
Council order the owner to obtain all proper permits within ten
days to correct all health and safety violations or to demolish
the structure within sixty days; further, after the time frame
has elapsed and owner compliance is not obtained, the City will
initiate abatement and the property owner will incur contractor
abatement costs and all related direct costs as a personal
obligation and be placed as a lien upon the property.
CHANGE ORDER NO. 8 REGRADE AND REPAVE
PARKING LOT AT MARINE-NAVY RESERVE CENTER TO
IMPROVEMENTS ON WATERMAN AVENUE, FROM MILL
FIFTH STREET - E. L. YEAGER CONSTRUCTION -
FROM EARLIER IN THE MEETING. SEE PAGE II
EXISTING
MATCH NEW
STREET TO
CONTINUED
(7)
This is the time and place continued to from earlier in the
meeting to consider Change Order No.8, with E. L. Yeager
Construction to regrade and repave existing parking lot at
Marine-Navy Reserve Center to match new improvements on Waterman
Avenue, from Mill Street to Fifth Street.
City Attorney Penman stated that after meeting with City
Engineer Hardgrave it was determined that the consultant had made
errors in estimate costs on projects relating to change order
agenda Item Nos. 7, 9, 10, II, and 25. Mr. Penman stated that
the City may be able to regain some of the money from the
consultant.
32
8/3/92
A discussion ensued regarding the events which occurred
that required additional change orders to complete the job.
COUNCIL MEMBER HERNANDEZ RETURNED
At 4:10 p.m., Council Member Hernandez returned to the
Council meeting and took his place at the council table.
Mayor Holcomb suggested that a workshop be held to discuss
reasons for change orders and that Caltrans be contacted to
conduct the workshop.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that Change Order No.8,
to the contract with E. L. Yeager Construction Company, Inc., for
the pavement rehabilitation on Waterman Avenue, from Mi'll to
Fifth Street, in accordance with Plan No. 8038, be approved; to
authorize the Contractor to regrade and repave the existing
parking lot at the Marine-Navy Reserve Center to match new
improvements on Waterman Avenue, at an increase in the contract
price of $5,379.53; from $1,180,820.79 to $1,186,200.32; with the
understanding there will be an attempt to recoup some of the
costs from the consultant wherever possible.
APPROVAL OF CHANGE ORDER NO. 2 - REMOVAL OF 3, 91 7 . II
CUBIC YARDS OF FILL AND MOVE DIRT TO SELECTED SITE-
CONSTRUCTION OF PARK AND STREET IMPROVEMENT FOR
BUCKBOARD PARK VALLEY CREST LANDSCAPE CONTINUED
FROM EARLIER IN THE MEETING. SEE PAGE 12 (9)
In a memorandum dated July 23, 1992,
Director of Public Works/City Engineer,
construction plans, prepared by a consulting
indicated that the dirt excavated at the
would be used to construct the fills.
Roger G.
stated
landscape
Buckboard
Hardgrave,
that the
architect,
Park site
However, there is a surplus of 3,917.11 cubic yards of dirt
that must be removed from the site, in order to allow the
contractor to complete the improvements on the contract plans.
The dirt will be used to fill a large depression within the
unimproved portion of Al Guhin Park. The contractor has quoted a
price of $3.30 per cubic yard for transporting the surplus fill
material from Buckboard Park to the depression in Al Guhin Park.
This work will reduce the cost that will be incurred for future
expansion of Al Guhin Park.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that Change Order No.2,
to the contract with Valley Crest Landscape, Inc., for
construction of park & street improvements for Buckboard Park, in
accordance with Plan Nos. 7539 and 7662, be approved; to
authorize the contractor to remove 3,917.11 cubic yards of fill
and move the dirt to a selected site, at an increase in the
33
8/3/92
contract price of $12,926.47; from $434,118.70 to $447,045.17;
with the understanding there will be an attempt to recoup some of
the costs from the consultant wherever possible.
APPROVAL OF CHANGE ORDER NO. 1 - FURNISH AND INSTALL 92
ADDITIONAL TREES AND INSTALL 21,412 SQ. FT. OF SIDEWALK
- CONSTRUCTION OF PARK AND STREET IMPROVEMENTS FOR
BUCKBOARD PARK - VALLEY CREST LANDSCAPE - CONTINUED
FROM EARLIER IN THE MEETING. SEE PAGE 12 (10)
In a memorandum dated July 23, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that plans and
specifications for the contract presently under construction by
Valley Crest Landscape, Inc., are for basic park improvements,
such as grading, security lighting, lawn, irrigation systems,
street improvements, and a portion of the trees.
The Contractor has agreed to furnish and install the
additional 92 trees at the unit bid price of $55.80. The low bid
was $125,488.74 (24.3%) under the Engineer's estimate. These
funds can be used to finance the estimated cost of $44,103.44 for
Change Order No.1.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that Change Order No. I,
to the contract with Valley Crest Landscape, Inc. , for
construction of park & street improvements for Buckboard Park, in
accordance with Plan Nos. 7539 and 7662, be approved; to
authorize the contractor to furnish and install 92 additional
trees, and install 21,412 sq. ft. of sidewalk at an increase in
the contract price of $44,103.44; from $390,015.26 to
$434,118.70; with the understanding there will be an attempt to
recoup some of the costs from the consultant wherever possible.
APPROVAL OF CHANGE ORDER NO. 9 - FURNISH AND INSTALL
HARDWARE FOR A TRAFFIC SIGNAL INTERCONNECT SYSTEM-
PAVEMENT REHABILITATION ON WATERMAN AVENUE, FROM MILL
TO 5TH STREETS - E. L. YEAGER CONSTRUCTION - CONTINUED
FROM EARLIER IN THE MEETING. SEE PAGE 12 (11)
In a memorandum dated July 21,1992, Roger G. Hardgrave,
Public Works/City Engineer, reported that the plans and special
provisions for the rehabilitation of pavement on Waterman Avenue,
from Mill Street to Fifth Street, required that the existing
traffic signals be upgraded. The existing traffic signals are
located at the Rialto Avenue, Second Street, Third Street, Fourth
Street, and Fifth Street intersections.
Upgrading of these traffic signals consists of removing the
curbed medians and poles for the left-turn phases, and installing
new traffic signal poles with longer mast arms. A new
interconnect system was also to be provided. This system will
34
8/3/92
allow in-office monitoring operation
revise timing as deemed necessary.
price quote for furnishing and
appurtenant items.
of the traffic signals and
The contractor provided a
installing the necessary
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that Change Order No.9,
to the contract with E. L. Yeager Construction for pavement
rehabilitation on Waterman Avenue, from Mill to Fifth Streets, in
accordance with Plan No. 8038, be approved; to authorize the
Contractor to furnish and install hardware for a traffic signal
interconnection system, at an increase in the contract price of
$7,616.74 from $1,186,200.32 to $1,193,817.06; with the
understanding there will be an attempt to recoup some of the
costs from the consultant wherever possible.
APPROVAL OF CONTRACT CHANGE ORDER NO. 4
MAINTENANCE ASSESSMENT DISTRICT NO. 959
DRIVE, SHANDIN HILLS - MENTONE TURF & SUPPLY
- LANDSCAPE
KENDALL
(25)
In a memorandum dated July 16, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, reported that maintenance
of the large slope area and additional landscaping area, 213,906
square feet, was assumed by Assessment District No. 959, on April
1, 1992, after the one year plant establishment period had
expired.
The contractor submitted a price quote of $43,357.40 for
basic bid plus the supplemental items of work in connection with
the maintenance of landscaping in portions of Kendall Drive and
Shandin Hills, through Assessment District No. 959.
Funds to finance the costs incurred for the contract and
incidental costs will be provided through an inter fund loan from
the Sewer Line Construction Fund (245). The actual costs
incurred will be recovered in the following year through
assessments on the parcels within Assessment District No. 959.
Council Member Minor made a motion, seconded by Council
Member pope-Ludlam, and unanimously carried, that Change Order
No.4, to the contract with Mentone Turf and Supply, for
maintenance of landscaping in Assessment District No. 959, in
accordance with plan No. 6360, be approved; to adjust the
contract price, for the additional work included in the contract
by Change Order No.2, by $22,818.15, from $10,839.25 to
$33,657.40.
35
8/3/92
RES. 92-331 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN INTERFUND LOAN FROM THE SEWER LINE
CONSTRUCTION FUND (245) TO THE SPECIAL ASSESSMENT FUND
(251), IN THE AMOUNT OF $22,818.15 TO FRONT THE
ESTIMATED COSTS INCURRED FROM APRIL 1, 1992, TO JUNE
30, 1992, IN CONNECTION WITH THE MAINTENANCE OF
LANDSCAPING IN PORTIONS OF KENDALL DRIVE AN~: .:".'NDIN
HILLS, THROUGH ASSESSMENT DISTRICT NO. 959. (2C\
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 92-331 was adopted by the following vote:
Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-
Ludlam. Nays: None. Absent: Council Members Reilly, Miller.
RES. 92-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO EXCEL LANDSCAPE FOR THE
FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE FOR
LANDSCAPE AND IRRIGATION AT SECCOMBE LAKE, TO BE
UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-93-03. (38)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada, that said resolution be adopted.
Resolution
Ayes: Council
Nays: Council
Reilly, Miller.
No. 92-332 was adopted by the following vote:
Members Estrada, Maudsley, Minor, Pope-Ludlam.
Member Hernandez. Absent: Council Members
DISCUSSION AND POSSIBLE ACTION REGARDING MAYOR'S
ACTIONS AND DIRECTIVES RELATIVE TO CITY ATTORNEY'S
OFFICE - CARRIED OVER FROM JULY 20, 1992 - CONTINUED
FROM EARLIER IN THE MEETING. SEE PAGE 16 (45)
This is the time and place continued to from earlier in the
meeting to discuss and take possible action regarding Mayor's
actions and directives relative to the City Attorney's Office.
Council Member Estrada voiced concern regarding the conflict
between the Mayor and City Attorney. She pointed out that the
conflict should be resolved as expeditiously as possible for the
benefit of the City. Ms. Estrada offered her help to mitigate
the situation.
Mayor Holcomb responded by outlining the duties of the
mayor as established in the City's Charter.
36
8/3/92
COUNCIL MEMBER
At 4:33 p.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
Mayor Holcomb referred to a document dated July 2, 1992, in
which he requested various information from the City Attorney
regarding the attorney's caseload; and a request for
documentation and information regarding statements made by City
Attorney Penman at the July 6, 1992 Council meeting concerning
the Grand Jury Investigation Report. Mayor Holcomb requested
that the City Attorney either prove his charges or apologize.
City Attorney Penman voiced concerns that the audit of his
department be conducted fairly. Mr. Penman addressed issues
involving the working relationship between the Mayor and himself.
It was pointed out that further discussion should be held in
closed session as it may pertain to pending litigation.
COUNCIL MEMBER
At 4 :46 p.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
CLOSED SESSION
At 4:53 p.m., the regular meeting 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 54956.8. 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 attorney regarding pending
Ii tigation pursuant to Government Code Section
54956.9(b)(1), as there is significant exposure to
litigation;
37
8/3/92
f.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
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:
Stubblefield Construction Company. et al vs. City of Sa,
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
County vs. City of San Bernardino IRDA) - San Bernardino
Superior Court Case No. 258241;
Saab vs. City of San Bernardino - Fourth District Court of
Appeals Case No. E008652;
City of San Bernardino vs. Liberty Cable T.V.. et al-
United States District Court Case No. 82-6876 WMB;
City of San Bernardino vs. County of San Bernardino. et al-
Riverside Superior Court Case No. 207900;
City of San Bernardino vs. Skadron - San Bernardino Superior
Court Case No. 266719;
Randall vs. Countv/Citv of San Bernardino - San Bernardino
Superior Court Case No. 250472 (consolidated with Case No.
252255)
Amrut N. Patel. et al vs. James F. Penman. et al. - United
States District Court Case No. CV91-1420 RG (Sx);
Francis Kwai Chona Foo vs. James F. Penman. et al. - United
Stated District Court Case No. CV91-3056 RG (Kx);
Janet Summerfield vs. William R. Holcomb, et al. - United
States District Court Case No. SACV 91-731 AHS (RWR);
Tomas Armendariz. et al vs. James F. Penman. et al. - United
States District Court Case No. 91-5757 CMB (JRx).
ANNOUNCEMENT BY CITY ATTORNEY
City Attorney Penman announced that the following case would
be discussed in closed session:
Lawrence Crain vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 229990.
38
8/3/92
CLOSED SESSION
At 4:53 p.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
ii :',1 illi::II;: ,Ii 1'.1 Roll call was taken by City Clerk Krasr;ey with the following
.',.,.1." ""being present: Mayor Holcomb; Counc~l Members Estrada,
Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Members
Reilly, Miller.
Also present: J. Lorraine Velarde,
the Mayor; Victor Lorch, Director of
Assistant City Attorney Morillo;
Administrative Operations Supervisor.
Executive Assistant to
Risk Management; Sr.
Margaret Scroggin,
VICTOR LORCH EXCUSED
Victor Lorch, Director of Risk Management, left the closed
session.
ROGER
Roger
arrived at
HARDGRAVE ARRIVED
Hardgrave, Director
the closed session.
of
Public
Works/City
Engineer,
ADJOURN CLOSED SESSION
At 5:20 p.m., the closed session adjourned.
ADJOURNMENT (49)
At 5:20 p.m., the regular meeting of the Mayor and Common
Council adjourned to Monday, August 17, 1992 at 8:30 a.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL KRASNEY
City Clerk
By /f~ e,";' Q,,, ,
Diane fones, Deputy City Clerk
No. of Items:
No. of Hours:
81
9 hrs.
39
8/3/92