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HomeMy WebLinkAbout07-06-1987 Minutes City of San Bernardino, California July 6, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:09 a.m. on Monday, July 6, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by George Webster, member of the Central City Parking Place Commission. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Maudsley; City Attorney Penman. PUBLIC COMMENTS - DANGER OF PIT BULLS _ EUGENE DOUGHERTY Eugene Dougherty, 585 Chestnut, San Bernardino, Cali- fornia, spoke of the many recent attacks by vicious dogs, specifically pit bulls, and requested that the Council take immediate action to enact laws to control this prob- lem. (A) CITY ATTORNEY PENMAN ARRIVED At 9:12 a.m., City Attorney Penman arrived at the Council Meeting. Mr. Dougherty suggested the enactment of a law that would require that all vicious dogs on a public street be muzzled; that all owners of pit bulls have liability in- surance in an amount of $1,000,000; that pit bulls be in a fenced yard and chained by a six foot chain. He also suggested that minors under 16 not be allowed to take pit bulls on public street or parks, or that such dogs not be allowed in any City park. Mayor wilcox requested a copy of Mr. Dougherty's remarks and stated it would be referred to the Animal Advisory Commission for a report back to the Council. City Attorney Penman answered questions regarding the constitutionality of discrimination against dogs and/or dog owners. PUBLIC COMMENTS - NEIGHBORHOOD CRIME SITUATION _ ARMANDO NERI Armando Neri, 131 W. 8th Street, San Bernardino, California, on behalf of several neighbors, read a list of crimes that have occurred in his neighborhood within the past three weeks and requested immediate City action to alleviate these problems. There have been cases of break- ing and entering his home and buglary, drug dealing, murder and prostitution in the immediate neighborhood. He stated that several small house on 8th Street have been partially demolished and left in piles of rubble, which has added to the problem. Mr. Neri stated that in spite of previous requests, he has received no response from police officers or City officials. (A) 1 7/6/87 Mayor wilcox stated that the Lighthouse for the Blind is the owner of the partially demolished buildings and plans are under way to construct a new facility on those sites. (See Item S-15, page 8). She also asked that Mr. Neri be put in immediate touch with the Police Department and his Council representative for a complete report of the crime incidents. PUBLIC COMMENTS - TRAINING SESSION FOR ACCESSIBILITY PROVISIONS - BOB NEVES - CHAIRPERSON, COMMISSION FOR DISABLED PERSONS Bob Neves, 3771 N. Aspen Dr., San Bernardino, Cali- fornia, stated he had worked on a State Commission to put together Title 24 of the California Administrative Code, which is enforced throughout the State of California. He explained that a training session will be held at 8:00 a.m., on July 27 and 28,1987, in the Building & Safety Dept., to assist City workers in learning how to comply with the various provisions of Title 24, in providing better accessibility to people with disabilities. Mr. Neves invited all departments who work with these matters to send representatives. (A) Mayor Schweitzer interested sion. Wilcox requested that City Administrator provide an informational memorandum to all City departments regarding this training ses- PRESENTATION - COMMENDATION - KEN JOSWIAK - CENTER FOR INDIVIDUALS WITH DISABILITIES Joan Grizzle, Director of Merry-Mixers and a member of the Board of Directors of Friends of the Center for Individuals with Disabilities, commended Ken Joswiak, Director of the CID for his dedicated service to the Cen- ter and its various activities, the funds he has raised for such activities and his personal donation of $1,000. (B) Richard Bennecke, Executive Assistant to the Mayor, read a resolution of the Mayor and Common Council highly commending Ken Joswiak for outstanding contributions to the enrichment of life for the disabled in San Bernardino. Mr. Joswiak was present to accept the resolution. APPOINTMENTS - MAYOR'S OFFICE Pursuant to a request dated June 22, 1987, from Mayor Wilcox, Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, to approve the following appointments to the Civil Service Board representing the Mayor's Office: Maxine Kraft, 2830 Mt. View, San Bernardino, CA 92405, and Dolores C. Carter, 2740 Muscupiabe Dr., San Bernardino, CA 92405. (C) City Clerk Clark administered the oath of office to Ms. Kraft and Ms. Carter. APPOINTMENTS - THIRD WARD Pursuant to a request dated July 6, 1987, from Mayor Wilcox, Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, to approve the appointment of Bertrand R. Trottier, Jr., 2530 Atchi- son Street, San Bernardino, CA 92410, to the Senior Af- fairs Commission, representing the Third Ward, as re- quested by Council Member Flores. (C) City Clerk Clark administered the oath of office to Mr. Trottier. 2 7/6/87 APPOINTMENTS - SIXTH WARD Pursuant to memoranda from Mayor Wilcox dated June 9, 1987, and July 6, 1987, Council Member Miller made a mo- tion, seconded by Council Member Pope-Ludlam and unani- mously carried, that the following appointments be ap- proved, as requested by Council Member Pope-Ludlam, to represent the Sixth Ward: (Cl Manuel R. Flores, 1338 W. Evans, San Bernardino, CA 92411 - Board of Building Commissioners; Corrine Strickland, P. O. Box 7465, San Bernardino, CA 92411 (1748 W. Home Ave., San Bernardino, CA 92411) -Animal Advisory Commission; Stanley Jackson, 1361 Colorado Street, San Bernar- dino, CA 92411 - Parks, Recreation & Community Services Commission; Talmadge Kirkland, 1464 Wilson Street, San Bernar- dino, CA 92405 - Bureau of Franchises. City Clerk Clark administered the oath of office to Mr. Flores, Ms. Strickland, and Mr. Kirkland. APPOINTMENTS - SEVENTH WARD Pursuant to memoranda dated June 9, 1987 and July 6, 1987, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the following appointments be approved, as requested by Council Member Miller, to represent the Sev- enth Ward: (C) Walter Schuiling, 3577 Lugo, San Bernardino, CA 92404 - Parks, Recreation & Community Services Commission; Betty Fletcher, 3271 North Wall Avenue, San Bernar- dino, CA 92404 - Senior Affairs Commission; John Schutz, 3343 Broadmoor, San Bernardino, CA 92402 - Bureau of Franchises; George Webster, Pacific Federal Savings, 330 North "D" Street, San Bernardino, CA 92401 - Central City Park- ing Place Commission; Jeanne T. Estridge, 3115 Arrowhead Avenue, San Ber- nardino, CA 92405 - Community Development Citizen Advisory Committee; Alexander J. Sharp, 2313 North Alameda, San Bernar- dino, CA 92404 - Planning Commission. City Clerk Clark administered the oath of office to Dr. Schuiling, Mr. Schutz, Mr. Webster and Ms. Estridge. PERSONNEL ACTIONS City Administrator Schweitzer stated that on page 2 of the Personnel Actions, the fourth name under Custodial Aide, Stephen L. Hoepfner, should be stricken. (12) City Administrator Schweitzer answered questions regarding the hiring freeze, and explained that the agenda with the names of proposed appointees had been prepared two days prior to the hiring freeze. There are only three new appointments on the list. Mr. Schweitzer stated that updated lists of all requested new appointees will be presented at the noon workshop today. 3 7/6/87 (No official action was taken at this time. 15 for Council action.) See page APPROVE MINUTES - JUNE 8, 1987 Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 8th day of June, 1987, as submitted in typewritten form. (1) APPROVE MINUTES - JUNE 8/9, 1987 (SPECIAL MEETING) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to approve the minutes of the Special meeting of the Mayor and Common Council of the City of San Bernardino held on the 8th/9th days of June, 1987, as submitted in typewritten form. (2 ) APPROVE MINUTES - JUNE 11, 1987 Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 11th day of June, 1987, as submitted in typewritten form. (3) APPROVE MINUTES - JUNE 20/22 1987 Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 20th/22th day of June, 1987, as submitted in typewritten form. (5/6) AUTHORIZE OUT-OF-STATE TRAVEL - DAVID PARKE _ FIRE DEPARTMENT - EMMITSBURG, MARYLAND _ JULY 19-24, 1987 Pursuant to a memorandum dated June 16, 1987, from Fire Chief Newcombe, Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that authorization be given for Acting Battalion Chief David Parke to attend a Computer-Aided Management of Emergency Operations Course at the National Fire Academy in Emmitsburg, Maryland, July 19 - 24, 1987. (7) AUTHORIZE OUT-OF-STATE TRAVEL - RICKY WINN - FIRE DEPARTMENT - EMMITSBURG, MARYLAND _ JULY 19-24, 1987 Pursuant to a memorandum dated June 16, 1987, from Fire Chief Newcombe, Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that authorization be given for Ricky Winn, Fire Engineer, to attend a Computer-Aided Management of Emer- gency Operations Course at the National Fire Academy in Emmitsburg, Maryland, July 19 - 24, 1987. (8) THREE-LEVEL PARKING STRUCTURE - EXPANSION JOINT REPLACEMENTS - APPROVAL AND ACCEPTANCE OF WORK - BONADIMAN-MC CAIN, INC. In a memorandum dated June 10, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that the work done on the expansion joints on the Three Level Park- ing Structure by Bonadiman-McCain, Inc. was satisfactorily completed as of June 8, 1987. The final contract price was $18,476.00. (9) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the work performed by the contractor, in accordance with Plan No. 6968, be approved and accepted; and that final payment be authorized at the expiration of the lien period. 4 7/6/87 CHANGE ORDER NO. ONE - CONSTRUCTION OF STORM DRAIN BETWEEN CITRUS STREET AND MIRADA AVENUE (EAST OF VICTORIA AVENUE) - J & B CONTRACTORS, INC. In a memorandum dated June 15, 1987, Roger Hardgrave, Director of Public Works/City Engineer, explained the need for Change Order No. One to the contract for the con- struction of a storm drain between Citrus Street and Mirada Avenue (east of Victoria Avenue), Master Plan 6-21, per Plan No. 7106, J & B Contractors, Inc. (10) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to approve Change Order No. One.to the contract with J & B Contrac- tors, Inc., for construction of a storm drain between Cit- rus Street and Mirada Road, in accordance with Plan No. 7106; to authorize the construction of 76 feet of 72" reinforced concrete pipe in lieu of reinforced concrete open channel, for an estimated increase in the contract price of $15,543.20; from $239,952.60 to $255,495.80. CLAIMS AND PAYROLL Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the claims and payrolls, and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved. (11) 1. Approve the register of demand dated: June 9, 1987 June 16, 1987 86/87 86/87 #42 #43 $1,377,624.35 348,937.47 2. Approve the total gross payroll for the period May 25, 1987, through June 7, 1987, in the amount of $1,344,370.86. COUNCIL MINUTES - JUNE 15/16, 1987 Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on June 15/16, 1987, be continued to the afternoon session. (See page 26) (4) PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions be continued to the noon workshop. (12) City Administrator Schweitzer stated he would provide an emergency letter for the Mayor and Council regarding the proposed personnel actions. (See page 15) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 10182, LOCATED APPROXIMATELY 488 FEET SOUTH OF THE CENTER- LINE OF IRVINGTON AVENUE AND EAST OF OLIVE AVENUE. (13) (Continued from June 15, 1987) Bruce Mays, representing the developer, stated that they wish to proceed with the recordation of the map, and requested a continuance to July 20, 1987. City Attorney Penman stated that the time for per- formance was specified in the resolution, but not when the performance would commence, and suggested that be clarified. 5 7/6/87 City Attorney Penman read from a letter dated July 3, 1987, from Huston T. Carlyle, Jr., Director, Office of Planning and Research, State of California. Mr. Penman referred to the point on page 4 of the letter that if the developers have a vested interest, they will be allowed to proceed. Mr. Mays answered questions regarding his develop- ment. City Attorney Penman explained the proposed court action the City may initiate to get a court ruling to determine which projects may continue. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to Monday, July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carr ied, that fur- ther reading of all the resolutions on the Council Agenda be waived. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREAT- ING AND ESTABLISHING POS IT IONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ESTABLISHING ONE ADDITIONAL POSITION OF PURCHASING CLERK. (14) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-216 was vote: Ayes: Council Members Minor, Miller. Noes: None. Maudsley, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 87-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARL EUGENE FELKER TO PER- FORM PROGRAMMING SERVICES FOR THE DATA PROCESSING DEPARTMENT. (15) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-217 was vote: Ayes: Council Members Minor, Miller. Noes: None. Maudsley, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 87-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION WITH THE SECRETARY OF THE AIR FORCE BETWEEN THE CITY AND NORTON AIR FORCE BASE. (17) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. 6 7/6/87 Resolution No. 87-218 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members RES. 87-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $34,800 FOR THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE PERIOD OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1988. (18) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-219 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members RES. 87-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER OF UNDERSTANDING WITH THE LAW FIRM OF NIELSEN, HODGSON, PARRINELLO & MUELLER FOR THE PURPOSE OF ENGAGING SAID FIRM TO REPRESENT THE CITY OF SAN BERNARDINO IN OBTAINING FROM THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH AN EXTENSION OF TIME FOR AMENDMENT OF THE CITY OF SAN BERNAR- DINO'S GENERAL PLAN PURSUANT TO GOVERNMENT CODE SEC. 65361. (16) City Attorney Penman answered questions regarding the retainer of $10,000 and the probability as to whether or not there will be additional costs. He spoke of the valu- able assistance provided by this law firm in opening the doors for some development to take place. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted, with the direction to the City Attorney that he provide an accounting of funds on July 20, 1987. Resolution No. 87-220 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members RES. 87-221 - 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. (19) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-221 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members 7 7/6/87 RES. 87-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234, ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF, OR OTHER CITY PROPERTY, IN ACCORDANCE WITH SECTION ONE OF ARTICLE IV OF ORDINANCE NO. 1652 OF SAID CITY. (22) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-222 was vote: Ayes: Council Members Minor, Miller. Noes: None. Maudsley, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RES. 87-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION . . . DESIG- NATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. ."; AND AUTHORIZING THE INSTALLATION OF A STOP SIGN ON NINTH STREET AT ITS INTERSECTION WITH DEL ROSA DRIVE. (20) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-223 was vote: Ayes: Council Members Minor, Pope-Ludlam, Miller. Council Member Maudsley. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: RES. 87-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION . . . DESIG- NATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. ."; AND AUTHORIZING THE INSTALLATION OF A STOP SIGN ON DEL ROSA DRIVE AT ITS INTERSECTION WITH NINTH STREET. (21) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-224 was adopted vote: Ayes: Council Members Estrada, Minor, Pope-Ludlam, Mi ller. Noes: Council Member Maudsley. by the following Reilly, Flores, None. Absent: LIGHTHOUSE FOR THE BLIND - REQUEST FOR WAIVER OF FEES - DEMOLITION PERMIT Mayor wilcox explained the problems the Lighthouse for the Blind had encountered in the past while attempt- ing to complete their project of the demolition of several old homes on Eighth Street in preparation for expansion of their facility. (S-15) City Attorney Penman explained that this item was placed on the agenda in order that this project could be included under the provisions of Mr. Carlyle's letter of July 3, 1987. He further explained the background of this project and stated that the Lighthouse for the Blind had paid the demolition fee, obtained the permit, and started 8 7/6/87 on the demolition. Mr. Penman stated he had met with Planning Director Siracusa regarding problems with the Conditional Use Permit for this project. Manuel Moreno, Jr., Director, Public Services, answered questions regarding the demolition process and fees. He stated it would take about 10-15 days and cost approximately $8,000 - $10,000. He stated that most of the work had to be done with heavy equipment by trained operators. Mr. McBay, Director of Lighthouse for the Blind, stated that all useable material had been removed from the project and only rubble was left, which was causing a problem in the neighborhood. (See Item under A Public Comments, page 1) Greg Garcia, Project Coordinator, Mayor's Office, answered questions about his contact with Supervisor Ham- mock's Office concerning assistance for Lighthouse for the Blind. He is waiting for a call to be returned. Mr. McBay formally requested reimbursement of the $153 demolition permit fee. The Mayor and Council discussed the possible use of Community Development Block Grant Funds (CDBG) City Attorney Penman stated that in order to fore- stall future legal problems, the Council's decision in granting waivers to nonprofit organizations must be equit- able to all those groups who request them. Ken Henderson, Director, Community Development De- partment, answered questions regarding the use of CDBG Funds for demolition, stating it was an eligible activity for nonprofit organizations. However, there is a question regarding the use of CDBG Funds if City forces are in- volved in the work, as opposed to work done by private contractors. Mayor wilcox asked that Mr. Henderson, Mr. Moreno, Mr. Garcia and Mr. McBay meet and talk about ways the City can assist in completing this demolition project and come back this afternoon with suggestions. Mr. Moreno, Director, Public Services, explained that previously the Mayor and Council had authorized City forces to do certain projects for nonprofit organizations. Ken Henderson stated he could provide necessary in- formation by this afternoon, but explained that this mat- ter must be considered by the Community Development Citi- zens Advisory Committee prior to a final decision. There is a meeting scheduled for Thursday, July 9,1987, at which time he would present the matter. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the matter of the Lighthouse for the Blind be continued to this afternoon's session. (See page 18) SEWER SERVICE FOR BRYN MAWR - REQUEST FOR RECONSIDERATION - RALPH HERNANDEZ Ralph Hernandez, 5194 North, 3100 West, Utah, requested reconsideration of action Mayor and Common Council at their meeting 1987, regarding sewer service for Bryn Mawr. ing action was taken at that meeting: Cedar City, taken by the of June 15, The follow- (37 ) 9 7/6/87 "Council Member Maudsley made a motion, seconded by Council Member Reilly, that the policy of the City of San Bernardino re- garding the sale of sewer capacity rights outside of the City of San Bernardino, or to the signatories of any of our joint powers agreements, be reaffirmed; that this request for sewer capacity rights for the community known as Bryn Mawr, be denied; and that the City of Lorna Linda be written a letter to notify them that the City of San Bernardino would be willing to amend the joint powers agreement if they will sell the sewer capacity rights to the com- munity known as Bryn Mawr. The motion carried by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Miller. Noes: Council Members Estrada, Flores, Pope-Ludlam. Absent: None.lI Council Member Estrada made a motion, seconded by Council Member Flores, to reconsider the matter of provid- ing sewer capacity rights to Bryn Mawr. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: Council Member Maudsley. Mr. Hernandez requested that the Council authorize the sale of sewer capacity rights to the community of Bryn Mawr without further delay and direct the City At- torney to amend the Joint Powers Agreement. Herb Wessel, General Manager, Water Department, answered questions regarding the original sale of sewer capacity rights, and explained that all rights had been sold to various governmental entities. As the City's supply neared depletion, the Water Department approved a "recycle". Some of those rights that were sold to various developers were turned back into the Department because their projects were not going forward. The 300 sewer capacity rights that the Water Department holds are avail- able regionally to those entities that the City is under contract to serve. Mr. Wessel defined "regional" as including Lorna Linda, a small part of Colton, East Valley, Norton Air Force Base, Patton and San Bernardino. Other County areas are under various spheres of influence. He spoke of a City ordinance that provides that the City must approve all sewer service outside the City. City Attorney Penman explained that the appropriate way to handle this request for sewer capacity rights is for the Council to receive a formal action request from the County Board of Supervisors, which is the governing authority of Bryn Mawr. Any other method could result in legal problems. Mr. Hernandez suggested that the Council make a mo- tion to direct the City Attorney to amend the JPA and indicate to the Board of Supervisors that the Council has agreed to the project upon receipt of a formal action request from the Board. He stated that the Board of Supervisors is in favor of the project and has set aside money for that purpose. 10 7/6/87 City Attorney Penman stated that although a letter had been received from Lorna Linda requesting an amendment to the JPA, it would be necessary to have one from the Board of Supervisors, as the governing body. He stated there was nothing illegal in amending the JPA that would allow Bryn Mawr to hook up to the sewer system. The dif- ficulty lies in future repercussions. Mr. Hernandez stated that immediate action in this matter is urgent because of contamination of the ground by the cesspools. Herb Wessel, Manager, Water Department, answered questions regarding the possibility of Lorna Linda furnish- ing the sewer capacity rights to Bryn Mawr. He stated they have taken the position they are not going to provide them. Mr. Wessel answered questions regarding the comple- tion date of the new sewage treatment plant, and stated that when it is in operation, additional capacity will be available. City Attorney Penman expressed concern over the al- leged contamination from the cesspools of the Bryn Mawr area, which could present a health hazard. He stated there should be some kind of environmental impact report prepared by San Bernardino County. Dave Larson, San Bernardino County Department of Economic and Community Development, spoke of his involve- ment with the proposed project at Bryn Mawr, which is a unique situation because of the low income level and the natural boundaries which limit its growth. He stated that the project had been approved by the Board of Supervisors as a CDBG Project. He explained that the sewer system will be "stubbed out" to the property line of individual lots, but not extended onto the property. City Attorney Penman spoke of the large amount of growth that is anticipated in the City of San Bernardino and expressed his concern that the City maintain suffi- cient sewer capacity rights for future growth. He stated he wanted to go on record that his position is that if these sewer capacity rights are granted, he will be advis- ing in the future to give everyone the same consideration. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, to direct the City Attorney to prepare an amendment to the Joint Powers Agreement with Loma Linda, contingent upon a formal request from San Bernardino County Board of Supervisors. Mr. Larson responded to the matter of the contamina- tion by the cesspools, stating that there are failing systems, but felt it had not reached an emergency situa- tion. City Attorney Penman read from the minutes of the Board of Water Commissioners meeting of October 7, 1980, in which two requests for sewer service were received and recommended for denial. Mr. Penman stated that if the request for sewer capa- city rights for Bryn Mawr is granted today, he would ad- vise that findings be made why this project was granted the rights. Otherwise, there might be an equal protection issue. 11 7/6/87 Herb Wessel, Manager, Water Department, answered questions, stating that the Water Board gets about two to forty requests each month for outside sewer rights. They are denied. He defended the action of the Water Board of October 7, 1980, stating that the City was then and is now under a cease and desist order, and the Water Board would not issue any sewer rights in unincorporated areas until the new treatment plant is completed. Mr. Hernandez explained that the County had done a study with findings. Mr. Wessel gave a recap of the sale of sewer capacity rights. The City has 85 left for its use, and the Water Board has about 300 for regional use. COUNCIL MEMBER MAUDSLEY ARRIVED At 11:55 a.m., Council Member Maudsley arrived at the Council Meeting and took his place at the Council Table. City Attorney Penman stated that the City must act equitably toward all entities, and there needs to be a policy in terms of granting sewer capacity rights within the City, a policy for granting sewer capacity rights outside the City but within our sphere of influence, and a policy for granting rights outside the City's sphere of influence. Herb Wessel, Manager, Water Department, stated that he had read the findings of fact prepared by San Bernar- dino County, but had not subjected them to legal review. City Attorney Penman stated that he had not seen the findings of fact. Council Member Estrada amended her motion by adding "with review by the City Attorney of the County's findings of fact.", so that the entire motion is as follows: "To direct the City Attorney to prepare an amendment to the Joint Powers agreement with Lorna Linda, contingent upon a formal request from the San Bernardino County Board of Supervisors, with review by the City Attorney of the County's findings of fact." Mr. Ralph Hernandez urged the Council to approve the Bryn Mawr project on its own merits, based on the County's Findings of Fact, and stated that this project should not be held up because of unknown future requests. Mayor Wilcox suggested that since the Water Board had been charged with maintenance of the sewer plant, the Council should consider their opinion in denying requests for rights. Mr. Wessel answered questions regarding the availa- bility of regional sewer capacity rights. The motion Council Members Council Members None. failed by the following vote: Estrada, Flores, Pope-Ludlam. Reilly, Maudsley, Minor, Miller. Ayes: Noes: Absent: COUNCIL MEMBERS POPE-LUDLAM, MILLER EXCUSED At 12:15 p.m., Council Members Pope-Ludlam and Miller left the Council Meeting. 12 7/6/87 ~ RECESS MEETING At 12:15 p.m., Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess to the MIC Room for a workshop on the budget - personnel hiring freeze. CONVENE WORKSHOP At 12:55 p.m., the Workshop portion of the Council Meeting was called to order by Mayor Pro Tempore Miller in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. (31) ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor wilcox. BUDGET DISCUSSION - PERSONNEL HIRING FREEZE The Council discussed the purpose of holding this workshop and questioned whether they could take action or discuss the personnel actions that had been held over to the afternoon session. Public Buildings City Administrator Schweitzer distributed the justi- fication for each position on the personnel actions before the Council this date. Wayne Overstreet, Superintendent, Public Buildings/ Parking Control, explained each of the Personnel Action items for his division on the agenda. CITY ATTORNEY PENMAN EXCUSED At 1:20 p.m., City Attorney Penman left the meeting and was replaced by Deputy City Attorney Redd. The Public Buildings Superintendent answered ques- tions regarding the relamping program for street lights. He stated that his division replaces 15 lamps per day and that there are currently 68 knock downs - poles that have been hit by cars, that have not been replaced. Mr. Overstreet answered questions regarding the park- ing security and mall security programs. Parks, Recreation & Community Services John Kramer, Recreation Superintendent, Parks, Recre- ation & Community Services, was present to answer ques- tions regarding the Parks, Recreation & Community Services positions on the agenda, and submitted a letter dated July 6, 1987, to justify the positions. Personnel Justification Letters The following letters from various department emplo- yees were also submitted: Tobe Collins, Animal Shelter Operations Mgr., stated that the Animal Shelter Attendant was recruited to fill an existing vacancy. The shelter is presently manned with two Animal Shelter Attendants. The loss of this position would severely handicap the level of service provided to the public and the care and welfare of the animals at the shelter. Mr. Collins further described the duties of the Attendant, and strongly recommended retaining the posi- tion. 13 7/6/87 Dave Thomas, Captain, Police Department, explained that Debra Meyer had resigned in March, 1987 and requested to be rehired as Intermediate Typist Clerk. During the time she was off, her position was reclassified to a Police Records Clerk I. This adjustment is to put her in the proper classification and step for her job as reclas- sified. John Kramer, Recreation Superintendent, Parks, Recre- ation & Community Services, stated that aquatic staff is critical to the continued operation of the City pools this summer. The department is currently operating with a minimum number of staff and does not have adequate staff to substitute for illness or days off. Hiring of these staff members now will assure a safe staffing level throughout the summer. In support of his request for additional lifeguards, Mr. Kramer explained that at times, patrons must complete- ly leave the pool to allow the lifeguards to take a break due to the shortage of staff. There is no room for ill- ness or leave without reducing plunge hours or placing ceilings on attendance. Wayne Overstreet, Superintendent, Public Buildings/- Parking Control, stated that the appointments of Electri- cian II, Leonard P. Munz, and the promotion of Electrician I to Electrician II, Fabian L. Briggs, are necessary to provide journeyman electricians to head up a street light relamping crew and sports and recreational electrical services crew. Mr. Overstreet explained the need for the appointment of Vashtie M. Dowdy as Sr. Custodian to imple- ment the proposed organization approved by Council June 1, 1987. The appointment of the Sr. Security Officer and four Security Officers is required for continual security support for the downtown parking district security system. The appointment of the Custodial Aides is a continual action approved by the Mayor and Common Council to assume the custodial maintenance of City owned facilities. Roger Hardgrave, Director of Public Works/City Engi- neer, set forth justification for Survey Tech I and Survey Tech II and explained why these positions are necessary to assist as part of the survey crew. Mr. Hardgrave also explained the importance of the position of Traffic Engi- neer, as this position is the support staff for the Mayor's Traffic Safety Committee, Central City Parking Place Commission and serves as representative at other entities. He is also responsible for the review of traf- fic impact studies. Fire Chief Newcombe stated that the position of Clerk III is imperative, being one of three positions that handles all clerical work for Administration, Prevention, Suppression, Vehicle Maintenance, and Dispatch, in addi- tion to sharing telephone answering duties and lunchtime relief. Dean Gray, Elcom Coordinator, (Cable T.V.) explained that for the past three weeks the City has been paying $200.00 per day to fill the position of console operation. It is important that this position be filled as quickly as possible. Also needed is a primary and secondary back-up to this position to cover the position during vacations, illness and daily breaks. Ann Siracusa, Director of Planning, requested ap- pointment to the following vacant positions, which are essential to the Planning Department's ability to proceed 14 7/6/87 on the General Plan Program: Planner I, Typist Clerk II. Also requested were appointments to fill three additional vacancies related to the current Planning function: Secre- tary, whose duties include preparation of major documents, Planning Commission agendas and staff reports and other essential duties; Principal Planner and Planner I, to provide sufficient staff in current planning to sustain the application workload. Warren Knudson, Director of Finance, requested fill- ing of a newly approved position of Purchasing Clerk to perform duties of compiling bid packages, computer input or purchasing transactions, bid activity and distribution of mater ials to vendors, and to act as backup to the present Purchasing Clerk. PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried to approve the personnel actions as submitted by the Director of Per- sonnel in accordance with all administrative regulations of the City of San Bernardino, with the exception of Rose- mary Rice, Robert Rybak, Vashtie M. Dowdy, and Stephen L. Hoepfner, as follows: (12, 31) APPOINTMENT Public Works/public Buildings Leonard P. Munz - Electrician II - Effective July 7, 1987 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Richard A. JOhnson, II - Lifeguard/Part-Time _ Effective July 7, 1987 Senior Lifeguard/Part-Time - Effective June 24, 1987 Kendall A. Roberts Thomas J. Finwall Maurice R. Peters, Jr. Rober t S. Kar ns Jill K. McPeters - Supervising Lifeguard/Part-Time _ Effective June 24, 1987 Lifeguard - Effective July 7, 1987 Michael Houser David Philippi Public Works/public Buildings John R. Montecino - Senior Security Officer _ Effective July 7, 1987 Security Officer - Effective July 7, 1987 Gloria Nichols Eileen M. Prieto Gregory J. Payne Janet E. Ramirez Custodial Aide - Effective July 7, 1987 Armando Anaya Wade E. Gray Guy W. Knight Fernando Loya George L. Perez Daniel A. Sarmiento Richard A. Gonzales David M. Ingenthron Alfredo Lopez Thomas E. Miller Modesto Perez Craig M. Williams 15 7/6/87 PROMOTION Public Works/Public Buildings Fabian L. Briggs - Electrician II - From Electrician I to Electrician II - Effective July 7, 1987 LEAVE OF ABSENCE WITHOUT PAY/INJURY Public Works/Engineering patricia A. Aston - Intermediate Stenographer Clerk - June 8, 1987 through September 8, 1987 - Effective June 8, 1987 LEAVE OF ABSENCE WITHOUT PAY/EXTENSION SBETA - Administration David L. Gandy - Staff Analyst I (JTPA) - May 30, 1987 through August 1, 1987 - Effective May 30, 1987 SALARY ADJUSTMENT Police Department Debra L. Meyer - Police Records Clerk I - Range 1065, Step 5 to Range 1065, Step 4 - Effective June 2, 1987 PERSONNEL ACTION Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the following personnel actions submitted by the Director of Personnel, in accordance with all administrative regu- lations of the City of City of San Bernardino be approved: (31, S-8) APPOINTMENTS Parks, Recreation & Community Services Patricia Butler - Summer Lunch Monitor - Effective July 7, 1987 PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (31, S-13) APPOINTMENTS Public Services Extra Relief Heavy Laborer - Effective July 4, 1987 Robert Mayoral Patrick E. Robinson Dennis D. Moreno Robert Rodriquez Manuel Moreno, Jr., Director, Public Services, ex- plained why the Extra Relief Heavy Laborer positions were on the supplemental agenda. These positions are funded out of the refuse fund, not the general fund. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Workshop and replaced Deputy City Attorney Redd. The Council reviewed a position vacancy report and discussed the hiring freeze. 16 7/6/87 City Administrator Schweitzer spoke regarding the cost of $200 per day for a temporary telephone operator and recommended that the position be filled by a Typist Clerk III. The Council discussed the vacancies in Building and Safety and Planning Departments. No other action was taken. RECESS TO REGULAR MEETING At 1:55 p.m., Council Member Minor made a motion, seconded by Council Member Estrada and unanimously car- ried, to recess to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. RECONVENE MEETING At 2: 10 p.m., the Regular Meeting of the Mayor and Common Council was called to order by Mayor Pro Tempore Miller in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL The Roll Call was taken by the City Clerk with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Maudsley, Pope-Ludlam. CHANGE OF ZONE NO. 87-14 - FROM R-3-3000 TO C-1 - KENDALL DRIVE AND STATE STREET _ APPLICANT, CITY OF SAN BERNARDINO - OWNER, SAN BERNARDINO WATER DEPARTMENT - CONTINUED FROM JUNE 15, 1987 This is the time and place continued to for consider- ation of a request by applicant, City of San Bernardino, Owner, Water Department, for Change of Zone No. 87-14, to change the land use zoning district from R-3-3000, Multi- ple-Family Residential to C-1, Neighborhood Commercial. The property is located on an irregularly-shaped parcel of land consisting of approximately .5 acres located at the southeast corner of Kendall Drive and State Street. (40) City Attorney Penman recommended that because of the building moratorium, this matter be continued until the first meeting in July, 1988. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that Change of Zone No. 87-14 be continued to the first meeting in July, 1088. COONCIL MEMBER POPE-LUDLAM RETURNED At 2:14 p.m., Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. APPEAL - CONDITIONAL USE PERMIT NO. 87-32 _ REPLACEMENT OF OFF-PREMISE SIGN - C-3 GENERAL COMMERCIAL ZONE This is the time and place set to hear an appeal filed by Council Member Flores on an application filed by Adams Advertising, Inc., for Owner Bill Hayes, on the Planning Commission's approval of Conditional Use Permit No. 87-32, to permit replacement of an off-premise sign in the C-3 General Commercial Zone. The property is located 17 7/6/87 on the north side of Redlands Blvd., approximately 1,315 ft. east of the centerline of Waterman Avenue (512 E. Redlands Blvd.) (41) Council Member Flores withdrew his appeal. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to affirm the decision of the Planning Commission. LIGHTHOUSE FOR THE BLIND - DEMOLITION - REQUEST FOR WAIVER OF FEES - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for ation of a request by the Lighthouse for the assistance in waiving of fees for a demolition W. Eighth Street. (See page 8) consider- Blind for project on (S-15 ) A letter was received from Ken Henderson, Director, Community Development Department, dated July 6, 1987. Mr. Henderson recommended that the project be approved, the use of City forces authorized, and funding be approved in an amount necessary to defray all costs including dumping fees. He further recommended the use of CDBG funds to finance this project, at a level not to exceed $10,000 and contingent upon review by the Community Development Citi- zen Advisory Committee at its meeting scheduled for July 9, 1987. Ken Henderson, Director of Community Development Department, stated that Mr. Greg Garcia of the Mayor's Office, was advised that the Board of Supervisors would have to act on the waiver of dumping fees, which might delay the project. Mr. Henderson recommended approval at the $10,000 level and if the waiver of fees was approved by the County, then the amount could be reduced according- ly. He also recommended that the Lighthouse for the Blind make the request for a waiver directly to the County, with either a resolution or letter of support from the City. Mr. Henderson agreed to write a letter from the Com- munity Development Department to San Bernardino County stating that the Mayor and Council had approved assistance to the Lighthouse for the Blind for this project. He also stated that he would bring this matter up at the Citizens' Advisory Committee meeting on Thursday, July 9, 1987. Mr. Henderson stated he would have to complete an environmental review report, which he can begin as soon as approval of the project is given. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, to approve the Lighthouse for the Blind's request for assistance, with their seeking redress from the County Board of Super- visors to waive the dump fees. REQUEST FROM CITY OF RIVERSIDE WATER DEPARTMENT - INSTALLATION OF SIX AIR RELEASE VALVES ON GAGE CANAL PIPELINE In a letter dated June 26, 1987, David Garcia, Water Engineering Manager, Riverside Public Utilities Depart- ment, urgently requested an exception to the Encroachment Permit moratorium in order to install up to six air re- lease valves on the existing 48-inch Gage Canal Pipeline along Barton Rd. between Waterman Avenue and Washington Street. (5-7) City Attorney Penman explained he had conferred with Mr. Carlyle of the State Office of Planning and Research regarding this project. 18 7/6/87 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Council find that it is necessary for the public health and safety to install six air release valves on the Gage Canal Pipeline near Barton Road and Waterman Avenue; and that Health and Safety Findings be made and they be retroactive to June 29, 1987. ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING ZONING DESIGNATION C-M, COMMER- CIAL MANUFACTURING DISTRICT, FOR CERTAIN DESCRIBED PROPERTY (PREZONE 86-11, BOUNDED ON THE EAST BY TIPPECANOE AVENUE, ON THE SOUTH BY THE 1-10 FREEWAY, ON THE WEST BY ORCHARD DRIVE AND ON THE NORTH BY THE EX- ISTING CITY LIMIT BOUNDARY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Final) (23) (Continued from June 15, 1987) Pursuant to a recommendation by the City Attorney, Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be continued to March 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. PUBLIC HEARING - FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 15 - SOUTH OF RIALTO AND SOUTH LINE OF SECOND STREET AND BETWEEN "E" STREET AND "I" STREET This is the time and place set for a public hearing to consider the formation of an Underground Utility Dis- trict No. 15, located along a line approximately 350 feet south of Rialto Avenue, and the south line of Second Street and between "E" Street and "I" Street. (24) Mayor wilcox opened the hearing. RES. 87-225 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO CREATING UNDERGROUND UTILITY DISTRICT LOCATED ALONG A LINE APPROXIMATELY 350 FEET SOUTH OF RIALTO AVENUE AND THE SOUTH LINE OF SECOND STREET AND BETWEEN "E" STREET AND "I" STREET. (24) City Clerk Clark read the title of the resolution. No written protests have been filed. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 87-225 was vote: Ayes: Council Members Minor, Pope-Ludlam, Miller. Council Member Maudsley. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: FOURTH WARD PARK EXTENSION FUNDS - CONSTRUCTION OF PROTECTIVE SCREEN - GOLDEN VALLEY JR. HIGH SCHOOL BALLFIELD - CONTINUED FROM JUNE I, 1987 This is the time and place continued to for consider- ation of the expenditure of $3,120 from Fourth Ward Park Extension Funds for the construction of a 20' x 85' pro- tective screen at Golden Valley Jr. High School Ballfield. (25) 19 7/6/87 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that $3,120 from Fourth Ward Park Extension Funds be approved for the construction of a protective screen at Golden Valley Jr. High School Ballfield. LEASE AGREEMENT WITH REDEVELOPMENT AGENCY _ RELOCATION OF POSTAL AND UTILITY COLLECTION CENTER - CONTINUED FROM JUNE 15, 1987 This is the time and place continued to for consider- ation of a lease agreement with Redevelopment Agency rela- tive to the lease of 416 sq. ft. for the relocation of the Postal and Utility Collection Center. (26) City Attorney Penman advised that this matter is not ready for approval at this meeting. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the lease agreement relative to the relocation of Postal and Utility Collection Center be continued to July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REPLACEMENT - VALLEY STREET BRIDGE OVER WARM CREEK _ AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM JUNE 15, 1987 This is the time and place continued to for consider- ation of approval of plans and authorization to advertise for bids for the replacement of Valley Street Bridge over Warm Creek. (27) City Attorney Penman and City Clerk Clark explained that Item 27, 28 and S-4 are related and should be con- sidered at the same time. These matters had been contin- ued for an environmental assessment, which has now been completed. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the plans for replacement of the Valley Street Bridge over Warm Creek, in accordance with Plan No. 6934, be approved; and the Director of Public Works/City Engineer be author- ized to advertise for bids. REPLACEMENT OF OAK STREET BRIDGE OVER WARM CREEK _ APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM JUNE 15, 1987 This is the time and place continued to for consider- ation of approval of plans and authorization to advertise for bids for the replacement of Oak Street Bridge over Warm Creek. (28) (See Items 27 and S-4, page 20) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the plans for the replacement of the Oak Street Bridge over Warm Creek, in accordance with Plan No. 6934, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. REPLACEMENT OF OAK STREET AND VALLEY STREET BRIDGES OVER WARM CREEK - FINDINGS OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated June 24, 1987, Roger Hardgrave, Director of Public Works/City Engineer, explained that the Oak Street and Valley Street bridges over Warm Creek have found to be inadequate for legal highway loads. Replace- 20 7/6/87 ment of these bridges is vitally needed to provide for passage of legal highway loads with complete safety. (S-4) (See Items 27 and 28, page 20) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that a finding be made that the replacement of the Oak Street and Valley Street Bridges over Warm Creek, in accordance with Plan No. 6934, is needed for health and safety reasons. ASSESSMENT DISTRICT NO. 975 - MILL AND PEPPER LANDSCAPE MAINTENANCE - AMEND BOUNDARIES _ CONTINUED FROM JUNE 15, 1987 This is the time and place continued for considera- tion of authorization to proceed to amend boundaries of Assessment District No. 975, Mill and Pepper Landscape Maintenance. (29) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the expansion of boundaries of Assessment District No. 975 (Mill and Pepper Area Landscape Maintenance District) under the provisions of Chapter 12.90.060 of the San Ber- nardino Municipal Code and Section 3113 of the Streets and Highways Code of the State of California. BUDGET TRANSFERS - 1986-87 GENERAL FUND In a memorandum dated June 18, 1987, Warren Knudson, Finance Director, requested that the following transfers between General Fund appropriation accounts be approved to provide necessary funds in the respective areas through the end of the fiscal year: (30) $40,000 to cover start up costs for the General Plan revision. A separate cost center has been established within the Planning Department budget. $15,686 to supplement Social Service Funding within the Parks, Recreation & Community Services Budget, to be transferred from salary savings in the Parks Division to Social Services Funding areas. Council Member Estrada stated she would abstain from voting on this matter due to a possible conflict of inter- est due to her employment at Casa Ramona. Council Member Pope-Ludlam stated she would abstain from voting on this matter due to a possible conflict of interest due to her employment at the Community Develop- ment Corporation. Council Member Reilly made a motion, seconded by Council Member Flores, that the budget adjustments total- ing $56,586 within the Planning and Parks, Recreation, and Community Services 1986-87 budgets, as per the Finance Director's Staff Report dated June 18,1987, be approved. The motion carried by the following vote: Reilly, Flores, Minor, Miller; Noes: None. Council Member Maudsley. Abstain: Council Estrada, Pope-Ludlam. Ayes: Absent: Members TRANSFER OF LEGAL ASPECTS OF RISK MANAGEMENT _ RECOMMENDATION FROM CITY ADMINISTRATOR, CITY ATTORNEY AND DIRECTOR OF RISK MANAGEMENT This is the time and place set to receive a verbal recommendation by the City Attorney from the City Adminis- trator, City Attorney and Director of Risk Management 21 7/6/87 relative to transferring the legal aspects Management Division under the auspicies of the ney. of the Risk City Attor- (32) City Attorney Penman stated that Mr. Light, Director of Risk Management had resigned, so the proposed meeting had not taken place. Mr. Penman stated that he had designated Deputy City Attorney Redd to work with Risk Management functions until Assistant City Attorney Brue begins, at which time she will assume the supervisorial functions for those aspects of Risk Management that will be under the City Attorney's Office. City Attorney Penman stated he felt it was important for the Mayor and Council to consider hiring a Risk Mana- ger, as there are many vital safety functions that require trained supervision. Insurance companies also will con- sider the personnel of the Risk Management Division in determining the issuance of insurance to a City. The Council discussed the functions of the Risk Man- agement Division and the possibility of receiving a report outlining the duties and alternatives. City Administrator Schweitzer answered questions, stating that the City is not now in the process of seeking a new Director of Risk Management. MAYOR WILCOX RETURNED AT 2:55 p.m., Mayor Wilcox returned to the Council Meeting and took her place at the Council Table. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the City Administrator be requested to report to the Mayor and Common Council on July 20, 1987, describing the possible alternatives to the functions of the Risk Management De- partment. PUBLIC HEARING - CONSIDER REQUIREMENT FOR TILE ROOFS IN ENTIRE CITY FOR THE PURPOSE OF PREVENTING WIND DAMAGE This is the time and place set for a hearing to con- sider the requirement for tile roofs in the entire City of San Bernardino for the purpose of preventing wind damage. (42) Mayor Wilcox opened the hearing. In an undated memorandum, Building & Safety, explained the high wind area requirements (tile the City. John Tucker, Director, proposal to expand the roofing) to all areas of In a letter dated June 9, 1987, Ken Henderson, Direc- tor, Community Development Department, stated that if the new roofing requirements were implemented on a City-wide basis, the Infill Program would realize a significant financial impact. He recommended that the Infill and Housing Rehabilitation programs administered by his de- partment be specifically exempted from additional roofing requirements presently being considered. Mr. Tucker, Director, Building & Safety, explained that this hearing is an extension of a previous item adopted by the Mayor and Common Council relative to high wind areas, designated basically as the Verdemont Area, which now requires tile roofs. 22 7/6/87 In a letter dated June 23, 1987, Fire Chief Newcombe stated there are types of roofs other than tile that are less expensive and are fire resistive. He indicated he was not aware of any major wind damage occurring to roofs in the City except along the foothills. He recommended that the area requiring the tile roofs be the same as the high fire hazard areas, which now prohibits any wood roof covering in that portion of the City. Al Ballard, City resident, stated he felt the City should study this matter very carefully before taking action. He indicated he felt the City should do more advertising of public hearings in places other than the newspaper, so that more people would be aware of the hear- ings. City Clerk Clark explained that a block ad had been published in Metro Section of The Sun, and that notices had been sent to all the roofing manufacturers in the yellow pages of the telephone book. Jim Spellman, Cal Shake Roofs, Inc., manufacturer of lightweight roof shake, described the type of shakes they manufacture and thought materials other than tile roof might be acceptable as wind resistant. Ken Henderson, Director, Community Development De- partment, summarized his comments contained in his letter of June 9, 1987, (see above). Barry McDaniel, Vice President of Pacific Land In- vestments, stated he worked with one of the infill housing programs and was concerned about requiring tile roofs for all areas of the City, as the houses he works with might not be competitive in the low-moderate income housing market. He requested that an exemption be given to his infill program. Steve Buswell, from the Building Industry Associa- tion, encouraged City officials to look at the Fontana 30 Year Class A Roof Ordinance. CITY ATTORNEY PENMAN EXCUSED At 3:15 p.m., City Attorney Penman left the Council Meeting and was replaced by Deputy City Attorney Grace. The Mayor and Council discussed the availability of wind studies in the City. John Tucker, Director, Building & Safety, explained that the Board of Building Commissioners had recommended that a grant be provided to San Bernardino Valley College, or another local college to provide a wind study. Mr. Tucker answered questions regarding the high fire area and described its boundaries. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that Cali- fornia State University/San Bernardino, or San Bernardino Valley COllege be contacted to explore the possibility of completing a study to provide additional data for use in reviewing the proposed requirement of tile roofs through the City. 23 7/6/87 CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and took his place at the Council Table. COUNCIL PERSONNEL COMMITTEE REPORT - JUNE 18, 1987 Council Member Reilly, Chairman of the Council Per- sonnel Committee, gave the report of the Council Personnel Commi ttee meeti ng held on June 18, 1987. The following items were discussed: (33) 1. Garage Audit - Personnel Changes -The Committee recommended approval of the per- sonnel action. The changes will be placed on the July 6, 1987, Agenda. 2. Temporary Employees - Item continued. A complete report will be provided by the Civil Service Commission and the Personnel Director. The report will define all posi- tions, hours worked and recommendation for establishing specific guidelines. The new budget will be used to compare the data. 3. Insurance at Retirement - Item contin- ued. An updated study is to be provided at next meeting. 4. Retirement for Elected Officials -Item referred to City Attorney for administra- tive action. 5. Report Relative to administrative ~~i~ant to t~e Ma~~ - Report read and filed. Copy of report sent to Councilwoman Estrada. 6. Traffic E~nee~~~ivi~ion _ Item continued. 7. Clarification of Authorization of Clerk !Y.J2ist for Purchasin9.-.!2.~~~tment -The Council had approved a typist for this position but because the Classification Study had changed this to a Purchasing Clerk, the Committee felt that was the intention. The Committee recommended a Purchasing Clerk position be authorized. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the Minutes of the Council Personnel Committee meeting held June 18, 1987, be received and filed. LEGISLATIVE REVIEW COMMITTEE REPORT - JUNE 18, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on June 18, 1987. The fol- lowing items were discussed: (34) 1. Proposed Revisions to Munici~Code -Requirement for Connection of developments to City Sewer System - Item continued. The City Attorney's Office and Public Works Director will bring this item back after coordinating and clarifying the wording. 24 7/6/87 2. Proposed Revision of Section 19.56.420 of ME.nicipal. Code drainage of Storm Waters Over City Sidewalks - The Committee recommended approval of the proposed re- vision. 3. Review of No Smoking Ordinance -Request by Mayor at Council Meeting of May 11, 1987 - Item continued. Referred to City At- to r ney. Some rec ommend ed ord inances were discussed. Additional information will be compiled from League of California Cities and other cities. The primary concern of the Committee was where the public congre- gates, i.e., buildings, restaurants, and tax i cabs. The general consensus was that private businesses should control their own. Th i s item is sched uled to return to the Committee at the first meeting in Sep- tember, or sooner, if the drafted ordinance and research is complete. 4. Pend i ng Items: Grand fa ther Clause for Mountain Shadows Villas and Code of Ethics resolution were tabled by the Committee. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the Minutes of the Legislative Review Committee meeting held June 18, 1987, be received and filed. WAYS AND MEANS COMMITTEE REPORT - JUNE 22, 1987 Council Member Flores, Member of the Ways and Means Committee, presented the report of the meeting of the Ways and Means Committee meeting held on June 22, 1987. The following items were discussed: (35) 1. Softball Fees and Adult Special Inter- est Programs - Item continued. The survey requested was received by the Committee. The Committee directed the survey be sent out and results be returned to Ways & Means Committee the first meeting in July. 2. Social Services Funding Proposals -Counci lwomanEs tradaexcused~r sel f on this issue due to a possible conflict of interest. The Committee recommended total funding of $60,000. Parks, Recreation & Community Services will apply the same formula as last year to determine the amount each organization will receive. The Committee further recommended that Parks, Recreation & Community Services coordinate with the City Attorney on a resolution that would announce a three-year method of City assistance with cutoff of funds at the end of the third year -- the first year 100%, the second year ___% and the third year % . 3. Proposal to Contract with the San Ber- nardino Area Chamber of Commerce for the Purpose of Establishin~~~onve~!io~ and Visitor Bureau - Item continued. The Com- rnitt~recomrnended further study with addi- tional funding alternative. The Deputy City Administrator for Development and the Mayor's Executive Assistant will provide 25 7/6/87 assistance to the Chamber Committee. The Committee was not in favor of raising the bed tax. Council Member Estrada stated she would abstain from voting on this report, due to a possible conflict of interest because of her employment at Casa Ramona. Mayor Wilcox suggested that the Visitor's Bureau would provide a great deal of assistance to the City, and stated that the Chamber of Commerce would like this re- quest to be reconsidered at the mid-year budget review. Council Member Reilly made a motion, seconded by Council Member Minor, that the Minutes of the Ways and Means Committee meeting held June 22, 1987, be received and filed. The motion carried by the following vote: Ayes: Council Members: Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley; Abstain: Council Member Estrada. Council Member Pope-Ludlam stated she wished to ab- stain on this report due to a possible conflict of inter- est due to her employment at the Community Development Corporation. She failed to declare this prior to discus- sion and the vote due to the fact she was not aware of the issue. She did not participate in any discussion. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. PROTEST AND CHALLENGE - REJECTION OF BID FOR OFFICE FURNITURE - RALF G. ZACKY, PRESIDENT _ ASPECTS In a letter dated June 16, 1987, Ralf G. Zacky, Pres- ident, ASPECTS, P. O. Box 1799, Redlands, California 92373, stated he wished to protest and challenge the re- jection of his bid for office furniture, Bid No. F-87-38, and asked for a hearing before the Mayor and Council. He set forth five points on which he based his challenge. (36 ) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the protest and challenge relating to the rejection of a bid for office furniture submitted by Ralf G. Zacky, President of ASPECTS, be scheduled for hearing before the Mayor and Council on July 20, 1987, at 9:30 a.m. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the Council Table. APPROVE MINUTES - JUNE 15/16, 1987 (RECESSED MEETING) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 15th and 16th days of June, 1987, as amended by including the vote on Item 46 on page 28, and clarifying a statement by Brian Simpson, paragraph seven on page 29. (4) REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Chairperson wilcox in the Council Cham- bers, 300 North "D" Street, San Bernardino, California. 26 7/6/87 ENTERPRISE ZONE - BRIEFING PAPER In a memorandum dated June 30, 1987, Glenda Saul, Executive Director, Redevelopment Agency, gave a synopsis of previous Council/Commission action and current statis- tics and information regarding the progress of the Enter- prise Zone. (R-6) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, to receive and file briefing paper on Enterprise Zone. ENTERPRISE ZONE - IMPLEMENTATION PLAN OF MARKETING PLAN In a memorandum dated June 30, 1987, Executive Director, Redevelopment Agency, Implementation Plan for the Marketing plan prise Zone. Glenda Saul, presented an of the Enter- (R-7 ) Acting as the Community Development Commission, Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to approve the Implementation Plan submitted herein for implementation of the Marketing Plan for the Enterprise Zone. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO CONCERNING EMPLOYMENT LINKAGE FUNDING OF VARIOUS CONTRACTS. (R-ll) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carr ied, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-226 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. STURGES CENTER FOR THE PERFORMING ARTS - LEASE AGREEMENT BETWEEN STURGES AND CITY In a memorandum dated July 2, 1987, Glenda Saul, Executive Director, Redevelopment Agency, gave the back- ground of the Lease Agreement with Sturges Auditorium and explained current negotiations. (R-15 - RS-2) Glenda Saul, Executive Director of the Redevelopment Agency, explained the new negotiations with Sturges Foun- dation. She also recommended cancellation of the public hearing. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to cancel the joint public hearing. 27 7/6/87 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE OF THAT REAL PROPERTY AND IMPROVEMENTS COMMONLY KNOWN AS THE STURGES CENTER FOR THE PERFORMING ARTS, LOCATED AT 780 NORTH "E" STREET, WITHIN THE CENTRAL CITY NORTH REDEVELOPMENT AREA, TO THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION BY STURGES CENTER FOR THE ARTS. (R-1S - RS-2) City Clerk Clark read the title of the resolution. Sandy Lowder, Manager, Redevelopment Agency Division, suggested language changes regarding insurance in Section 11 of the Lease Agreement. City Attorney Penman suggested that the insurance provisions in Section 11 of the Lease Agreement be changed to provide that Sturges will purchase the insurance and be reimbursed by the City, due to the fact that Sturges could probably obtain the insurance at a lower rate than the City. The Council agreed to postpone further action on this item until Deputy City Attorney Grace had an opportunity to amend the language regarding insurance provisions. (See page 28) GENERAL PLAN AMENDMENT - AGREEMENT FOR SERVICES In a memorandum dated July 2, 1987, Glenda Saul, Executive Director, Redevelopment Agency, stated that City Attorney Penman had reviewed the proposed agreement be- tween the Agency and the City for reimbursement to the Ci ty of a portion of the General Plan costs, and had recommended several changes. Attached is the revised Agreement. (R-S - RS-l) RES. 87-227 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMEND- MENT COSTS AND RELATED MATTERS. (R-S _ RS-l) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-227 was adopted vote: Ayes: Council Members Estrada, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. by the following Reilly, Flores, None. Absent: STURGES CENTER FOR THE PERFORMING ARTS - LEASE AGREEMENT - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of a Lease Agreement with Sturges Center for the Performing Arts. (R-1S - RS-2) 28 7/6/87 RES. 87-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE OF THAT REAL PROPERTY AND IMPROVEMENTS COMMONLY KNOWN AS THE STURGES CENTER FOR THE PERFORMING ARTS, LOCATED AT 78@ NORTH "E" STREET, WITHIN THE CENTRAL CITY NORTH REDEVELOPMENT AREA, TO THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION BY STURGES CENTER FOR THE ARTS. (R-1S - RS-2) Timothy Sabo, Counsel for the Redevelopment Agency, suggested language that could be used to amend the insur- ance provisions. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted with the provision that the City Attorney shall provide language to provide that Section 11 of said lease shall be modified to provide that the Foundation shall procure and maintain insurance coverage and the City shall reimburse the Foundation for such costs. Resolution No. 87-228 was adopted vote: Ayes: Council Members Estrada, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. by the following Reilly, Flores, None. Absent: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. READING AND WAIVING OF ALL RESOLUTIONS ON SUPPLEMENTAL AGENDA City Clerk read the title of all the resolutions on the Supplemental Agenda. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolutions on the Supplemental Agenda be waived. RES. 87-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. . . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO" BY CHANGING THE TITLE OF EQUIP- MENT SUPERINTENDENT TO FLEET MANAGER; TO INCREASE THE NUMBER OF EQUIPMENT MECHANIC I I' S FROM l@ TO 11 AND TO INCREASE THE NUMBER OF LEAD EQUIPMENT MECHANICS FROM 2 TO 3, AND DELETE ONE POSITION OF WELDER AND ONE POSITION OF EQUIPMENT MECHANIC I IN THE CENTRAL GARAGE DIVISION. (S-lA) Council Member Flores made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-229 was vote: Ayes: Council Members Minor, Miller. Noes: None. Maudsley, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 87-23@ - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. ."; BY CHANGING THE TITLE OF SUPERINTENDENT OF EQUIPMENT MAINTENANCE TO FLEET MANAGER. (S-lB) 29 7/6/87 Council Member Flores made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-230 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members RES. 87-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . ESTAB- LISHING A BASIC COMPENSATION PLAN. "; BY CHANGING THE SALARY RANGE OF LEAD EQUIP- MENT MECHANIC FROM RANGE 1099 ($1857-2262) TO RANGE 1103 ($1950-2377). (S-lC) Council Member Flores made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-231 was vote: Ayes: Council Members Minor, Miller. Noes: None. Maudsley, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 87-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION . ESTAB- LISHING . . . EMPLOYER-EMPLOYEE RELATIONS ."; BY CHANGING THE TITLE OF SUPERIN- TENDENT OF EQUIPMENT MAINTENANCE TO FLEET MANAGER. (S-lD) Council Member Flores made a motion, seconded by Council member Miller, that said resolution be adopted. Resolution No. 87-232 was vote: Ayes: Council Members Minor, Miller. Noes: None. Maudsley, Pope-Ludlam. adopted by the following Estrada, Reilly,l Flores, Absent: Council Members INSTALLATION OF STREET LIGHTS - WATERMAN AVENUE FROM CENTRAL AVENUE TO MILL STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated June 23, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for installation of street lights on Waterman Avenue from Central Avenue to Mill Street have been completed, and the project is ready to be advertised for bids. The total estimated project cost is $51,500. (S-2) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the plans for installation of street lights on Waterman Ave- nue, from Central Avenue to Mill Street, in accordance with Plan No. 7265, be approved, and the Director of Pub- lic Works/City Engineer, be authorized to advertise for bids; and that a Finding be made that the project is necessary for health & safety reasons. CONSTRUCTION OF FIRE STATION IN TRI-CITY AREA _ FINDINGS OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated June 24, 1987, Roger Hardgrave, Director of Public Works/City Engineer, explained why the construction of the fire station is needed to provide fire protection and paramedic service to the southern area of the City. He recommended that a finding be made that this fire station is needed for reasons of health and safety. (S-5) 30 7/6/87 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the construction of the new fire station in the Tri-City Corporate Complex, in accordance with Plan No. 7270, is needed for health and safety reasons. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. AUTHORIZE JOINT POWERS AGREEMENT - AMONG CITIES OF SAN BERNARDINO COUNTY - PURPOSE OF FILING COMMON LEGAL CLAIM FOR TRAFFIC FINES In a memorandum dated June 25, 1987, City Administra- tor Schweitzer explained that over the past nine years (since Proposition 13), the City's fines have dropped and shown a very erratic pattern. He calculated that the City has lost $1.6 million to the County through their collec- tion procedures over the last seven fiscal years. Mr. Schweitzer also enclosed a request from the City of Vic- torville, representing all the other cities in the County, to join them in a Joint-r0wers Agreement to file a common legal claim to allow them to pursue what is rightfully theirs under Penal Code Section 1463.1(c). The City's current estimated share of the cost of the lawsuit is $9,115.00. (S-10) Council Member Estrada made a motion, seconded by Council Member Reilly, that the City of San Bernardino participate as a member of the Joint Exercise of Powers Agreement among 17 County Cities for the purpose of filing a Common Legal Claim for traffic fines due to the City and that the City Attorney be directed to prepare a resolution authorizing the execution of said agreement. City Attorney Penman advised that he felt that action was premature. City Administrator Schweitzer explained what the approximate cost of the lawsuit will be and what steps he has taken in gathering information regarding the uncol- lected fines. He stated he didn't feel the City should settle for less than $594,000. Mr. Schweitzer provided the following amounts that have been received by the City: Fiscal Year 1976-77 1977-78 1978-79 Amount Received $ 340,699 371,330 312,716 (Proposition 13 was passed at this point) 1979-80 1980-81 1981-82 1982-83 1983-84 1984-85 192,903 140,000 161,000 109,000 124,000 153,000 point) (Added four motorcycle police officers at this 1985-86 208,000 31 7/6/87 City Attorney Penman referred to an Opinion dated June 30, 1987, by Deputy City Attorney John Wilson regard- ing the hiring of outside Counsel, in which the Conclusion was as follows: "The Mayor and Common Council may retain outside counsel, but they must first obtain a determination from the City Attorney that he or she is either unwilling or unable to perform the desired service." City Attorney Penman stated that his office is pre- pared to handle this case in court if necessary, but that proper legal procedure requires that a claim be filed before filing a lawsuit. Also, he stated that the City has never made a formal request to the San Bernardino County Board of Supervisors, and that hiring outside Counsel and the attendant costs would be unfair to the taxpayers. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meet- ing and took his place at the Council Table. Council Member Miller made a substitute motion, seconded by Council Member Flores and unanimously carried, that the matter of the proposed lawsuit regarding recover- ing traffic fines from San Bernardino County be continued to July 20, 1987, until the Mayor, City Attorney, City Administrator and a Council Member have had a chance to talk with Chairman of the County Board of Supervisors and Supervisor Hammock. City Administrator Schweitzer will present a report at the meeting of July 20, 1987. GENERAL PLAN - CITIZENS ADVISORY COMMITTEE (CAC) In a memorandum dated June 25, 1987, James C. Rich- ardson, Deputy City Administrator, explained the process of selecting members and alternates for the Citizens Advi- sory Committee. He expressed the concern of the Task Force in selecting the Committee Members to provide a geographic balance, as well as a balance of philosophy. (S-12) In a memorandum dated June 24, 1987, Council Member Reilly attached a list of people recommended by the Gen- eral Plan Task Force to serve as members of the Citizen Advisory Committee and alternates, as follows: Committee Members Evelyn Alexander - Occupation: Librarian Betsy Boul - Occupation: County Supervisor; Executive Assistant Courtney Buse - Occupation: Developer Mark Cantrell - Occupation: Engineer Robert Cooley - Occupation: Real Estate Appraiser Brenda Frederick - Occupation: County Manpower Specialist Glen Gipson - Occupation - Electrician Antolin Gomez - Occupation: San Bernardino Neighborhood Housing Services, Inc. Armando Gonzales - Occupation: Southern California Edison Company patricia Green - Occupation: Developer Robert Heeren - Occupation: General Contractor Jim Kennedy - Occupation: Certified Public Accountant *Helen Kopczynski - Occupation: Not employed 32 7/6/87 I Steven Landrus - Occupation: County Environmental Health Services James Lorenz - Occupation: Investments Jim Mulvihill - Occupation: Professor Vivian Nash - Occupation: Developer Claritza Jiminez Parker - Occupation: Immigration Management Services Earl Parrish - Occupation: Lockheed Aircraft Service Company Michael Ponce - Occupation: Teacher Sherrall Powell - Occupation: Government Walter Schuiling - Occupation: Retired *Margaret Sutherland - Occupation: Planning Consultant John Traver - Occupation: Retired Richard Valdez - Occupation: TRW * - Court appointed Citizen Advisory Committee Members Alternates Richard Arden - Occupation: Developer Wade Byars - Occupation: Sales James Cimino - Occupation: Real Estate Roy W. Copple - Occupation: San Bernardino County Social Services Harry Jacks - Occupation: Finance Richard Levin - Occupation: Sales Herbert Pollock - Occupation - General Contractor Martha Scudder - Occupation: Clerk of the Board of Supervisors Scott Shira - Occupation: San Bernardino City Unified School District Susan Wilson - Occupation: Salesperson Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the recommendation of the General Plan Task Force for 25 mem- bers and 10 alternates to the Citizens Advisory Committee (CAC) be approved. COMPREHENSIVE GENERAL PLAN CONSULTANT - SELECTION In a memorandum dated June 25, 1987, Deputy City Administrator Richardson, explained that the Planning Department had prepared a detailed request for proposal (RFP) for the solicitation of consultant services to re- vise the General Plan. Eight Formal RFP's were received and reviewed. (S-11) Council Member Reilly, Chairman of the General Plan Task Force, presented a report regarding the selection of a consultant to provide professional services for the Comprehensive General Plan Update. He stated they had selected Envicom, which they considered the top applicant of the five they had interviewed. Ann Siracusa, Planning Director, stated that Envicom explained how they had reduced their costs in a way that would not affect the effectiveness of their study. In one instance, they were able to cut costs by eliminating a noise consultant and using one of their own having exper- tise in this field. There were other reductions in line items. Ms. Siracusa answered questions, stating that Envicom had reduced their fee to $509,435. 33 7/6/87 Helen Kopczynski, 8150 Cable Canyon Rd., San Bernar- dino, CA, stated she was appearing on behalf of Barbara Sky. She expressed concern regarding the negative impact the reductions would have on the study, especially the noise factor, as that was a major problem, and one of the basic land use elements that should be addressed. Planning Director Siracusa answered questions, stat- ing that Envicom has an in-house engineer to study the noise problem. Helen Kopczynski questioned whether or not the Task Force could meet again, discuss the reductions, and per- haps select another consultant if they felt it was neces- sary. The Mayor and Council discussed the reductions and results of the Task Force's meeting. They felt that the study was well planned, that the Task Force had done an excellent job, and that Envicom was a very professional firm and would not do an inadequate job that would in any way jeopordize their reputation. Deputy City Administrator Richardson answered ques- tions regarding the reductions in the consultant's study. A complete list of the reductions and changes in the study was provided for Barbara Sky. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the recommendation of the General Plan Task Force for the se- lection of a consultant be approved and staff be directed to negotiate a contract for professional services for approval by the Mayor and Common Council. AMEND MUNICIPAL CODE SECTION 19.30.010 - HEIGHT LIMIT - C-3A ZONE - COMMERCENTER AREA In a memorandum dated July 1, 1987, City Attorney Penman requested consideration of an amendment to Munici- pal Code Section 19.30.010 amending the height limit in the C-3A Zone in the Commercenter Area only. (S-16) Planning Director Siracusa answered questions, stat- ing that several variances have been approved for in- creased height limitations in this area. She stated that an initial study could be required because of the poten- tial increase of population, traffic and parking. City Attorney Penman answered questions regarding the problems with illegal variances. He stated there were many issues in this area that needed to be studied, such as flight patterns, liquefaction, and prior use of the land for a garbage dump. He stated his office would in- terpret the Municipal Codes liberally, but be very strict on granting variances. Helen Kopczynski, 8150 Cable Canyon Rd., spoke against the proposed Code amendment. Council Member Reilly made a motion, seconded by Council Member Miller, that pursuant to Municipal Code Section 19.06.070, the Planning Department be directed to initiate proceedings to consider an amendment to Municipal Code Section 19.30.010 (re C-3A Zone) as follows: I. In the Commercenter Area only the height limit shall be 62 feet. 34 7/6/87 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: Council Member Minor. Absent: None. HEALTH & SAFETY FINDINGS - PUBLIC WORKS PROJECTS There being no requests for Health & Safety Findings, no official action was taken. (S-l7) COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. RECONSIDERATION OF ITEM 23 (See Page 19) ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING ZONING DESIGNATION C-M,COMMERCIAL MANUFACTURING DISTRICT, FOR CERTAIN DES- CRIBED PROPERTY (PREZONE 86-11, BOUNDED ON THE EAST BY TIPPECANOE AVENUE, ON THE SOUTH BY THE 1-10 FREEWAY, ON THE WEST BY ORCHARD DRIVE AND ON THE NORTH BY THE EXISTING CITY LIMIT BOUNDARY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from June 15, 1987) (Final) (23) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to recon- sider Item 23, an ordinance regarding Prezone 86-11. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. City Attorney Penman referred to a letter from Mr. Carlyle, Director of Office of Planning and Research, dated July 3, 1987, regarding the OPR regulations, which indicate he did not recommend residential zoning areas changed to commercial or manufacturing. Mr. Penman's recommendation was again to continue the item until the second meeting in March 1988, because it is a request to change the zoning from Residential to Commer- cial Manufacturing. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the prior action be confirmed and that the ordinance be con- tinued to March 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 5:20 p.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to the following Gov- ernment Code Sections: 54956.9(b) (1) regarding pending litigation where there is a significant exposure to liti- gation - Claim of Tony Aragon and other matters, Applica- tion of Keith L. Thompson, Claim of CDC Reimbursement for property damage; 54957.6 regarding Labor Relations Matters - San Bernardino Management Association; 54957, to consi- der Personnel Matters; 54957, to consider Personnel Mat- ters - Cathleen M. Szendrodi; 54956.9 (b) (1) regarding Pending Litigation where there is significant exposure to litigation; and 54956.9(c) that the Council has decided to or is deciding whether to initiate litigation - City of San Bernardino v. Certain Developers XYNn. (38, 39, S-6, S-9, S-14, S-18, S-2l) 35 7/6/87 CLOSED SESSION At 5:20 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken, with the following being pres- ent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- ney Penman, City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Deputy City Attorney Grace. ADJOURN CLOSED SESSION At 6:45 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 6: 45 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller, City Attor- ney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Minor. CLAIM OF CDC REIMBURSEMENT - PROPERTY DAMAGE Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Claim of the Community Development Corporation (COC) for reimbursement for property damage, be continued to Monday, July 13, 1987, at 8:00 a.m., in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. (S-9c) CLAIM - TONY ARAGON - RECONSIDERATION Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, to recon- sider Claim No. 86A-074 filed by Tony Aragon, Jr. (38 & S-9a) CLAIM - TONY ARAGON - APPROVAL - PAYMENT OF CLAIM Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, to ap- prove payment to Tony Aragon, Jr., for property damage to the vehicle only, in the sum of $3,449.00. (38 & S-9a) COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. APPLICATION - DISABILITY RETIREMENT - KEITH THOMPSON In a memorandum dated June 25, 1987, City Attorney Penman referred to the case of Watkins v. City of Santa Ana, in which the court stated that as the agency respon- sible for determining disability, the City is required to conduct an evidentiary hearing to determine whether the applicant is capable of performing his duties. Mr. Penman stated that it was found that a hearing was not allowed in the Keith Thompson case, and recommended further review. (S-20 ) 36 7/6/87 1 Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Common Council set aside their Findings and Statement of Decision in the matter of the application of Keith L. Thompson, arrived at following the hearing on March 23, 1987, to reopen this matter for setting an evi- dentiary hearing to the accompanying rules and guide lines. RES. 87-233 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO DESIGNATING AND AUTHORIZING THE CITY ADMINISTRATOR TO ACT AS A REPRESENTATIVE OF THE CITY TO APPLY FOR DISABILITY RETIREMENT FOR ANY INJURED OR ILL PUBLIC SAFETY OFFI- CER, APPOINTING A COMMITTEE TO HEAR AND MAKE FINDINGS ON MATTERS AND CONTROVERSY, AND REPEALING RESOLUTION NO. 11734. (S-19) City Clerk Clark read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolution be waived, and said resolu- tion be adopted. Resolution No. 87-233 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Absent: Council Member Estrada. DETERMINATION IF LITIGATION SHOULD BE INITIATED AGAINST CERTAIN DEVELOPERS City Attorney Penman referred to a letter dated July 3,1987, from Huston T. Carlyle, Jr., Director, State Office of Planning and Research, regarding supplementary conditions set forth to clarify an earlier letter dated June 11, 1987. (S-2l) City Attorney Penman explained why he wants to initi- ate a lawsuit against certain developers. He quoted a portion of Mr. Carlyle's letter in which he stated: "These legal issues can only be resolved in a court of law and if in fact legal rights have vested given the actions of the developers in question, then these particular projects may proceed to completion." After discussion, Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the City Attorney be authorized to initiate litigation entitled City of San Bernardino v. Certain Developers XYNn. RES. 87-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO COMMENDING HUSTON T. CARLYLE, JR., FOR THE TIME AND EFFORT EXPENDED ON HIS ANALYSIS OF THE CITY'S APPLICATION FOR EXTENSION OF TIME TO COMPLETE ITS GENERAL PLAN. City Clerk Clark read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. 37 7/6/87 PERSONNEL ACTION Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the personnel action submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (S-14) APPOINTMENT City Attorney's Office Cathleen M. Szendrodi - Legal Secretary II _ Effective July 7, 1987 - Step 1, Range 3102 AUTHORIZE SALE OF CITY-OWNED PROPERTY - WEST OF DEL ROSA AVENUE, NORTH OF MARSHALL BLVD. In a memorandum dated June 22, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that the City-owned property located west of Del Rosa Avenue, North of Marshall Blvd., has been declared surplus property and authorization was given to sell this parcel, at a minimum bid price of $60,000. No sealed bids have been received. Mr. Hardgrave also stated that oral bidding will take place on July 6, 1987. (S-3) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that, there being no bids received for the purpose of the sale of City owned property located west of Del Rosa Avenue, north of Marshall Boulevard, that the sale be terminated and the matter be tabled. RECESS MEETING - CLOSED SESSION At 6:55 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting recess to a Closed Session pur- suant to Government Code Section 54957.6 to discuss Labor Relations. CLOSED SESSION At 6:55 a.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Administrator Schweitzer. Absent: Council Members Estrada, Pope-Lud- lam; City Clerk Clark. Also present: Fire Chief Newcombe; Ken Henderson, Director, Community Development Department. ADJOURN CLOSED SESSION At 7:35 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 7:35 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 38 7/6/87 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Administrator Schweitzer. Absent: Council Members Estrada, Pope-Lud- lam; City Clerk Clark. ADJOURN MEETING At 7:35 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to 8:00 a.m., July 10, 1987, at California State University/San Bernardino, 5500 Uni- versity Parkway, San Bernardino, California. ~a-uncu (!J7 ~ Ci ty Clerk c;bJ No. of Items: 82 No. of Hours: lO~ 39 7/6/87