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HomeMy WebLinkAbout08-17-1987 Minutes , City of San Bernardino, California August 17, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:07 a.m., on Monday, August 17,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Sister Davida Schaefer, Pastoral Assistant, Our Lady of Fatima Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. PUBLIC COMMENTS There were no public comments. (A) PRESENTATIONS There were no presentations. (B) APPOINTMENTS - MARY MARSHALL MASSEY _ JENNIFER OBERHELMAN - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE Pursuant to memoranda dated August 5, 1987, from Mayor Wilcox, Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that Mary Marshall Massey, 1596 West Gilbert, San Bernar- dino, CA 92411, and Jennifer Oberhelman, 685 West 36th Street, San Bernardino, CA 92405, be appointed to serve on the Community Development Citizens Advisory Committee, representing Mayor wilcox. (C) APPOINTMENT - LARRY SAWYER - CENTRAL CITY PARKING PLACE COMMISSION - SIXTH WARD Pursuant to a memorandum dated August 5, 1987, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously car- ried, to approve the appointment of Larry R. Sawyer, 363 West 28th Street, San Bernardino, CA 92405, to the Central City Parking Place Commission, as requested by Council Member Pope-Ludlam, representing the Sixth Ward. (C) APPOINTMENT - GARRY L. STAFFORD - CEMETERY COMMISSION - FIFTH WARD Pursuant to a memorandum dated August 6, 1987, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, to approve the appointment of Garry L. Stafford, 3717 Meyers Rd., San Bernardino, CA 92407, to the Cemetery Commission, as requested by Council Member Minor, repre- senting the Fifth Ward. (Cl OATH OF OFFICE City Clerk Clark administered the Oath of Office to Jennifer Oberhelman, Larry Sawyer and Garry L. Stafford. 1 8/17 /87 COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:13 a.m., Council Member Pope-Ludlam arrived at the Council Meeting. VACATION OF PORTION OF STATE STREET - NORTH OF SHERIDAN RD. - NEGATIVE DECLARATION - GENERAL PLAN CONSISTENCY - PUBLIC WORKS PROJECT NO. 87-7 In a memorandum dated August 6, 1987, Planning Direc- tor Siracusa, explained that the proposed vacation of State Street north of Sheridan Rd. is related to a neigh- borhood commercial center located at the southeast corner of Kendall Drive and University Parkway. She stated that the Planning Department had been advised by the City At- torney's Office, that, due to the Office of Planning and Research, and court restrictions on public works projects, any public works project must come to the City Council for adoption of the Negative Declaration and Findings of Gen- eral Plan Consistency. (10) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the adoption of a Negative Declaration and Finding of General Plan consistency for Public Works Project No. 87-7, the vacation of a portion of State Street north of Sheridan Road, be continued to September 8,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. CONTRACT WITH PERSONNEL RESEARCH CENTER _ SALARY STUDY FOR MANAGEMENT/CONFIDENTIAL GROUP In a memorandum dated June 22, 1987, City Administra- tor Schweitzer, explained that on March 9, 1987, a salary study was authorized for Management/Confidential employ- ees. A confirming resolution was subsequently approved, naming "Personnel Research Center" as the consultant. A contract from the consultant was requested on May 18, 1987, and was included in the Agenda backup for Council approval. (9) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the proposed contract with Personnel Research Center be con- tinued to the afternoon session. (See page 21) APPROVE MINUTES - JULY 27, 1987 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 held on the 27th day of July, 1987, as submitted in type- written form. (1) APPROVE MINUTES - AUGUST 3, 1987 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 held on the 3rd day of August, 1987, as submitted in type- written form. (2) APPROVE MINUTES - AUGUST 7/10, 1987 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 held on the 7th and 10th days of August, 1987, as submit- ted in typewritten form. (3) CHANGE ORDER NO. ONE - APPROVAL AND ACCEPTANCE OF WORK - STREET LIGHTING IMPROVEMENTS - SIERRA WAY TO WATERMAN & 3RD TO 5TH STREETS - STEINY & CO., INC. In a memorandum dated August 6, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained 2 8/17/87 the need for Change Order No. One to the contract with Steiny & Company, Inc., for street lighting improvements from Sierra Way to Waterman and Third to Fifth Streets, and requested approval and acceptance of the work, per Plan No. 7166. (7) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, to approve Change Order No. One to the contract with Steiny & Com- pany, Inc., for street lighting improvements per Plan No. 7166; to authorize extra work due to underground utility interference, for an increase in the contract price of $5,528.33, from $129,800.00 to $135,328.33; that the work performed by the contractor be approved and accepted, and that final payment be authorized at the expiration of the lien period. BEAUTIFICATION GRANT AND LOAN - JESS & INEZ LUCERO/CASA DE FLORES In a memorandum dated July 31, 1987, Kenneth J. Hen- derson, Director, Community Development, explained that in September, 1986, Jess and Inez Lucero had submitted an application requesting financial assistance under the Beautification Program for development of a flower shop, currently located at 476 South Mt. Vernon Avenue. On May 7, 1987, approval was given by the Development Review Committee for the Luceros to construct certain facilities at 342 South Mt. Vernon. The costs are as follows: (8) a) Beautification Grant Applicant Share City Share b) Beautification Loan c) Applicant-Financed Costs $ 1,001.00 999.00 9.001.00 14,349.00 $23,350.00 Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the application submitted by Jess and Inez Lucero-Casa de Flores for a Beautification Grant in the amount of $999.00 and Beautification Loan in the amount of $9,001.00 be approved. CLAIMS AND PAYROLL Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (11) 1. Approve the register of demands dated: July 23, 1987 July 28, 1987 87/88 87/88 #2 #3 $ 1,637,964.46 546,188.43 2. Approve the total gross payroll for the period July 6, 1987, through July 19, 1987, in the amount of $1,337,999.53. PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Miller 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. (12) 3 8/17 /87 APPOINTMENTS Police Department Police Officer - Effective August 18, 1987 Andrew A. Aceves Ronald A. Van Rossum Donald W. Henley, Sr. - Police Assistant - Effective August 18, 1987 Fire Department Fire Fighter - Effective August 1, 1987 Alan J. Duggan James Matt Fratus Animal Control Rosemay Rice - Animal Shelter Attendant - Effective August 18, 1987 Community Development Carolyn M. pierce - Typist Clerk III - Effective August 18, 1987 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Yvonne M. Fagan - Lifeguard/Part-Time - Effective August 18, 1987 Renee A. Wilbon - Senior Recreation Leader _ Effective August 18, 1987 Colleen Overcast - Lifeguard - Effective August 18, 1987 Public Services/Refuse Extra Relief Heavy Laborer - Effective August 18, 1987 Eliazer G. Leal Celio S. ROdriquez Public Works/Public Buildings Custodial Aide I - Effective August 18, 1987 Maria N. Garcia Alonzo G. Hernandez Jim S. Munro Delfino B. Gutierrez William L. Lytle Ambrocio Velarde PROMOTION/TRANSFER Community Development Cynthia Buechter - Account Clerk III - From Account Clerk II to Account Clerk III - Effective August 18, 1987 TEMPORARY PROMOTIONS Public Works/Public Buildings Custodial Aide II - From Custodial Aide I to Custodial Aide II - Effective August 18, 1987 Joseph E. Barber Ken M. Robbins Joseph Cruz 4 8/17/87 David R. Linares - Custodial Aide II - From Custodial Aide I to Custodial Aide II - Effective September 9, 1987 David E. Maynus - Custodial Aide III - From Custodial Aide II to Custodial Aide III - Effective September 9, 1987 HIGHER ACTING CLASSIFICATION Public Services/Refuse Samuel D. Macias - Refuse Operator III - From July 13, 1987 through September 4, 1987 - Effective July 13, 1987 CLOSED SESSION SCHEDULED City Attorney Penman announced that a Closed Session had been included on the Supplemental Agenda in the event that discussion was needed to discuss the following three claims. SETTLEMENT OF CLAIM - GARY L. MCINTOSH In a memorandum dated July 10, 1987, City Attorney Penman stated his office had reviewed documents regarding the claim of Gary L. McIntosh and the settlement figure of $5,445.47, which was considered a fair settlement. (4, S-2) It was agreed that the settlement claim of Gary L. McIntosh would be considered in Closed Session later in the meeting. (See page 27) SETTLEMENT OF CLAIM - IRENE AND ELLIS CARVER In a memorandum dated July 13, 1987, City Attorney Penman gave the background of the claim of Irene and Ellis Carver, and recommended the settlement of $3,500.00. (5, S-2) It was agreed that the settlement claim of Irene and Ellis Carver would be considered in Closed Session later in the meeting. (See page 27) SETTLEMENT OF CLAIM - GARY TATE/FARMERS INSURANCE/ TEACHERS INSURANCE COMPANY In a memorandum dated July 10, 1987, City Attorney Penman recommended a compromise settlement for property damage in the following amounts: Gary Tate: $1,855.38; Teachers Ins.: $1,786.03; and Gary Tate (car rental) $768.50. (6, S-2) It was agreed that the settlement claim of Gary Tate/ Farmers Insurance/Teachers Insurance Company would be considered in Closed Session later in the meeting. (See page 27) COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. HEARING - REIMBURSEMENT OF SEWER CAPACITY RIGHTS FEES - EARNEST HOLMES - TRIPLE H. RANCH HOMES This is the time and place set for a hearing to con- sider a request from Earnest Holmes, President, Triple H. Ranch Homes, for reimbursement of fees paid for sewer capacity rights. (14) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing regarding the reimbursement of sewer capacity rights fees to Earnest Holmes, Triple H. Ranch Homes, be 5 8/17 /87 continued to September 8, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. POUND SEIZURE INITIATIVE ORDINANCE AND PETITION _ MARGO TANNENBAUM - ACTION FOR ANIMALS, INC. In a letter dated August 3, 1987, Margo Tannenbaum, President, Action for Animals, requested an opportunity to appear before the Mayor and Common Council to submit a completed petition that calls for the City to discontinue selling animals for purposes of experimentation from the City pound. (14a) Margo Tannenbaum, President, Action for Animals, Inc. stated she was prepared to submit a petition with 9,402 signatures of registered voters requesting the City to discontinue selling animals for purposes of experimenta- tion from the City pound. City Clerk Clark explained that as soon as a petition is received, her office is required by Charter provisions to check the validity of the signatures on the petition within ten days, which is a time consuming and costly process. She recommended that if the Council is consid- ering the adoption of a City ordinance regarding this matter, it would be preferable, rather than the expensive process of the initiative. City Attorney Penman stated he had reviewed the ordi- nance initiative, but it has not yet been put in proper ordinance form. He also stated that the Agenda Item only lists "discussion" of the matter, and doesn't refer to the adoption of an ordinance, which would be necessary to enact an ordinance under provisions of the Brown Act. City Clerk Clark answered questions regarding the validity of signatures, stating they are valid indefin- itely, but verification must be made as to their status at the time the petition was signed. Mayor wilcox read the title of the Petition as fol- lows: "The City of San Bernardino shall not sell, give away, or donate directly or indirectly any animal for the purpose of research, education, testing, demonstration or experimentation to any person, organization or institu- tion". Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that sub- mission of the petition be held until the meeting of Sep- tember 8, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, for the presentation of an ordinance adopting the petition language. 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 carried, that fur- ther reading of all the resolutions on the Council Agenda be waived. 6 8/17/87 RES. 87-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY OF THE FISCAL YEAR 1987-88. (15) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-272 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Estrada, Pope-Ludlam. RES. 87-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC., RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-88 (FOOD AND MEDICAL PROGRAM). (16) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-273 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members RES. 87-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC., RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-88 (SENIOR CITIZENS PROGRAM). (17) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-274 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members RES. 87-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC., RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-88 (SUPPORT SERVICES). (18) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-275 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members RES. 87-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROLLING START, INC., RELAT- ING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-1988. (19) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-276 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members 7 8/17/87 City Attorney Penman recommended that the record show that Council Members Estrada and Pope-Ludlam were absent from the Council Chambers during action taken on the pre- vious resolutions, and did not participate in any way in their enactment. RES. 87-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYS CLUB OF SAN BERNARDINO, INC., RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-1988. (20) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-277 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members RES. 87-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-1988. (21) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-278 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members RES. 87-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FAMILY SERVICE AGENCY RELAT- ING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-1988. (22) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-279 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members RES. 87-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MERRI-MIXERS RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-1988. (23) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-280 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members RES. 87-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO CONTRACT WITH COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING APPROVING A REVISED BUDGET FOR THE SENIOR NUTRITION PROGRAM INCREASING THE AMOUNT OF SUCH BUDGET, REDUCING THE IN-KIND MATCH AND EXTENDING THE PERIOD OF SUCH BUDGET TO JUNE 30, 1988. (24) 8 8/17/87 Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-281 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Estrada, Pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO AU- THORIZE THE DIRECTOR OF BUILDING AND SAFETY AND CODE COMPLIANCE OFFICERS TO ISSUE NO- TICES TO APPEAR FOR VIOLATION OF THE SAN BERNARDINO MUNICIPAL CODE AND ALL OTHER CODES INCORPORATED THEREIN BY REFERENCE. (First) (25) (Continued from August 3, 1987) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be continued to September 8, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM RETURNED Council Members Estrada and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. PUBLIC HEARING - CONSIDER RESOLUTION AMB ULANCE RATES This is the time to consider adopting a charged for ambulance Bernardino. The major follows: TO INCREASE and place set for a public hearing resolution to increase the rates service by Courtesy Services of San categories of rate increases are as (13) FROM TO 1. Basic life support response to a routine non-emergency $120.00 $143.88 2. Unscheduled emergency call, additional 54.50 65.35 3. Paramedic rates a. Advance life support response to a call b. All inclusive advanced life support service -0- 218.83 -0- 324.83 Mayor wilcox opened the hearing. Steve Rice, President, Courtesy Services, introduced Attorney John Nolan and asked for support for the re- quested rate increases, which have been approved by the City's Franchise Bureau. RES. 87-282 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-328, AS AMENDED BY RESOLUTION NO. 85-67, EN- TITLED IN PART, "RESOLUTION. . FIXING AND ESTABLISHING RATES OF MEDICAL TRANSPOR- TATION CARRIERS "; AND INCREASING MEDICAL TRANSPORTATION RATES. (13) City Clerk Clark read the title of the resolution. 9 8/17/87 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Reilly made a motion, seconded by Council Member Flores, that the hearing be closed and said resolution be adopted. Alice McConner, 223 E. Alexander, San Bernardino, opposed the rate increase, stating she felt that money was being considered as more important than human life. She stated there were many people who could not afford to pay the proposed high rates. Earl Goen, 4040 E. Piedmont, objected to the rate in- creases, and particularly the advanced life support res- ponse to a call from $ 0.00 to $218.83. A discussion ensued regarding the sequence of events when the 9-1-1 number is called. Steve Rice, President, Courtesy Services, explained that when when the 9-1-1 number is called, the closest available Fire Department Engine responds within two to four minutes, and basic life support system services are started. The closest ambulance responds on a concurrent basis. The Fire paramedics can then be released to re- spond to the next call. Mr. Rice stated that the proposed rate increases have been approved by the County Health Office. He explained that the Medi-Care Program and various other health care agencies are billed for ambulance services for people under their care, and that most people have some type of insurance coverage. Mr. Goen stated there are many people who do not have any type of medical care programs, and can't afford such costs. Attorney John Nolan stated that the rates being presented are rates which have been reviewed and approved by San Bernardino County through an in-depth review by the County Health Department, as well as the City Franchise Bureau. He stated that there is an obligation to provide as high a level of service as possible and still pay for insurance coverage, personnel and other costs. Mr. Rice explained that ambulance services are re- quired to transport patients from one medical facility to another. The City does not provide this service. He also explained that his company will work with those having problems in paying for their services. Mr. Rice answered questions, stating that the pro- posed rate schedule will increase profits to approximately 4% of generated sales. The last rate increase was in January, 1985. The motion by Council Member Reilly, seconded by Council Member Flores to close the hearing and adopt said resolution carried unanimously. Resolution No. 87-282 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. sent: None. by the following Reilly, Flores, Noes: None. Ab- 10 8/17/87 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE UR- GENCY THEREOF. (Final) (26) City Clerk Clark read the title of the amended ordi- nance. It was pointed out that this ordinance was provided at the request of the Mobile Home Park Ad Hoc Committee to establish a moratorium on rent increases to allow suffi- cient time to review all information and input from citi- zens of San Bernardino. City Attorney Penman referred to an opinion dated August 10, 1987, addressed to the Legislative Review Com- mittee, entitled "Adoption of Urgency Ordinance re Mora- torium on Mobile Home Park Rent Increases". In pertinent part, Mr. Penman stated as follows: "Based on the above, it is determined that upon a finding that an emergency exists with respect to mobilehome park rents in the City of San Bernardino, and that the health, safety and welfare of the citizens require action, the Mayor and Common Council have within their authority the power to adopt a rent moratorium rolling back rents to July 1, 1987, levels." A copy of Ordinance No. 3805, relating to rent mora- torium in 1979, was attached to the opinion. City Attorney Penman answered questions regarding findings of fact, stating that they are included on page 8 of the ordinance. Ken Henderson, Director, Community Development De- partment, explained that he had attended the Ad Hoc Com- mittee meeting and explained his interpretation of what action was taken. City Attorney Penman answered questions regarding the preparation of the ordinance. Harold Spencer, 2505 Foothill Blvd., Space 82, stated he was not against mobile home park owners making a rea- sonable profit, but wanted to be sure it was justifiable. He suggested that the rents should be kept at the July 1 level until the rent review board is in place and makes a decision as to whether or not this year's increase is justifiable. City Attorney Penman answered questions regarding long term leases, stating they would probably control over the provisions of a rent moratorium. Sally Wilder, park resident, stated park owners should make a fair profit, but there are some who strive to make large profits from the tenants without providing proper maintenance of their park. She also stated that a new renter is required to pay 15% to 20% above the prior rent and still has to pay an increase in rent along with other tenants. 11 8/17/87 Bill Meecham, representing the Mobile Home Park Own- ers, stated he had always been willing to work with the City and tenants regarding previous problems and would continue to cooperate. However, he had not been notified of meetings, so had not had an opportunity for any input. He stated he did not believe there were adequate findings for a rent moratorium. Henry Stiel, owner of Stardust Mobile Home Park, 2250 W. Chestnut, stated that he has many expenses in order to maintain a clean and safe environment for his tenants, especially a large increase in liability insurance. He felt that rent control was not the answer, and that a long term lease was a better answer. Esther Gordon, resident of Rancho Meridian Estates, explained that her rent in 1984 was $204 a month for the space and utilities. The last rent increase was 7% in September 30,1987, plus water, trash and sewer. She stated she has been informed that the rent will increase to $255, effective October 1, 1987 which is a 17% in- crease. Betty Shute, representing Rancho Meridian Park, stated they don't want rent control, as they want the owners to be able to provide maintenance. They want fair rent increases. She suggested a committee be formed con- sisting of five people, including one mobile home park owner and one tenant and three citizens who are not resi- dents of a park to make a determination. Joan Beale, Tropicana Mobile Home Park, a young work- ing mother, stated she signed a long term lease in June, 1985. Her rent has gone up from $174 to $183, so she felt the long term lease did not protect her. She also spoke of a low level of maintenance within the park. Luther Fair, Sequoia Park resident, spoke about the financing of mobile home parks and large profits made by the owners. He distributed several documents supporting his remarks. He also referred to the high price being asked for the park if residents choose to buy the park. He stated that its difficult for tenants to move out of parks and many are living below poverty level. CITY ATTORNEY PENMAN EXCUSED At 11:05 a.m., City Attorney Penman left the Council Meeting and was replaced by Sr. Assistant City Attorney Barlow. Richard Andrews, owner of Brown's Trailer Court, spoke in opposition to the proposed ordinance. He stated he had sympathy for the tenants who are having a difficult time, but felt that the park owners were not responsible for all the problems. Because of the growth pattern in San Bernardino, land prices will continue to rise. He stated that there are constitutional issues involved in this matter and felt that the courts are becoming more conservative in considering property rights. William Hanks, 1806 N. Broadway, Suite B, Santa Ana, CA, a partner in J & H S Property Management, managing Sequoia Plaza Mobile Home Park, stated that the owners had offered to sell the park to the residents, who can either accept the offer or decline to buy. He stated that Sequoia has had 7% rent increases over the past three years, and the owner intends to keep the increase at that rate with- out going higher. He stated there is justification for the increases, such as debt service. 12 8/17/87 CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and replaced Sr. Assistant City Attorney Barlow. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the rent control issue be continued to 4:00 p.m., September 8, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING - FIVE MINUTE BREAK At 11:27 a.m., the Mayor and Council recessed for a five-minute break. RECONVENE MEETING At 11:34 a.m., the Regular Meeting 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow; City Clerk Clark, City Administrator Schweitzer. Absent: None. REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, Cali- fornia. The Mayor and Common Council, acting as the Community Development Commission, acted on their items. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING At 12:00 noon, Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, for a Workshop pre- sentation by Wes McDaniel, Executive Director, San Bernar- dino Associated Governments (SANBAG), relative to 1/2 cent sales tax for local transportation. WORKSHOP - SALES TAX FOR LOCAL TRANSPORTATION At 12:35 p.m., the Workshop relative to 1/2 cent sales tax for local transportation was called to order by Mayor wilcox in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernar- dino, California. (38) ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. TRANSPORTATION - 1/2 CENT SALES TAX MEASURE Barbara Cram Riordan, Chairman of the San Bernardino County Board of Supervisors, was present to urge the Mayor and Council of the City of San Bernardino to support Measure A on the November ballot which would raise sales tax by 1/2 cent for a Countywide transportation improve- ment program. The measure has a sunset clause of fifteen years. (38) 13 8/17/87 Mrs. Riordan explained that a poll of 855 high pro- pensity voters in the County resulted in 58% support for the issue. In order to put the measure on the ballot, the County and cities within the County were required to identify their priority transportation projects, excluding mass transit. A list of state highway improvement projects and arterial improvement projects was distributed to the Mayor and Common Council. The additional sales tax will be distributed as fol- lows: 60% - State highways and freeways 20% - City and county streets and roads 20% - Major arterial highways. The total revenue estimated to be collected over the fifteen year period is $900,000,000. Distribution for city and county streets and roads is based on $8.00 per capita. By the use of maps, Wes McDaniels, Executive Director of SanBag, delineated the freeway projects proposed and answered questions regarding the distribution of funds. Mr. Norman Johnson, on behalf of a private sector group of persons supporting Measure A, spoke regarding infrastructure needs of the community and stated that the voters, presented with the facts, will adopt Measure A. Mr. Bill Edmonds of Caltrans, spoke regarding the deterioration of the State's transportation system. Wes McDaniels answered questions regarding the flow and distribution of funds once the measure is adopted. The additional 1/2 cent sales tax would be imposed April 1, 1988. After further discussion, Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unan- imously carried, to refer this matter to the Ways and Means Committee for a report back to the Council on Sep- tember 8, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING At 1:37 p.m., the meeting was recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2: 10 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. 14 8/17 /87 APPEAL - CONDITIONAL USE PERMIT NO. 87-23/ VARIANCE - OFF-PREMISE SIGN - MERV SIMCHOWITZ - NORTHWEST CORNER OF REDLANDS BLVD. AND 1-10 WATERMAN AVENUE SOUTH OFF-RAMP - CONTINUED FROM AUGUST 3, 1987 This is the time and place continued to for consider- ation of an appeal filed by Merv Simchowitz, appellant, for Fastfood Developments, owner, on the Planning Commis- sion's denial of Conditional Use Permit No. 87-23/Vari- ance, to permit an off-premise sign with waivers of Muni- cipal Code Sections 19.60.250. A. 3 (maximum height) and 19.60.250.A.4 (setback) in the C-3A Limited General Com- mercial Zone on a 1.2 acre site. (The appeal is based on the fact that the application would have been treated as a Variance, needed for the height, and not a Conditional Use Permit). The property is located at the northwest corner of Redlands Blvd. and the 1-10 Waterman Avenue south off- ramp. (41) Mayor Wilcox opened the hearing. City Attorney Penman distributed the Findings of Fact regarding this matter as prepared by Attorney Brian Simp- son. He stated that the findings could be argued in court, if necessary, although he couldn't guarantee the case would be successful. The exceptional circumstance they cited is the fact that the area in question is located approximately ten to thirty feet below the freeway and is obscured from the freeway traveling from east to west. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the hearing be closed, the decision of the Planning Commission be reversed, and the Conditional Use Permit/Variance approved, based on the Findings prepared by the attorney. The motion Council Members Ludlam, Miller. None. carried by the following vote: Ayes: Estrada, Reilly, Flores, Minor, Pope- Noes: Council Member Maudsley. Absent: ABSENTEE BALLOT SOLICITATION - REPORT FROM CITY ATTORNEY - CONTINUED FROM JUNE 15, 1987 This is the time and place continued to for a report from the City Attorney regarding the solicitation of ab- sentee ballots. (27) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the report from the City Attorney regarding the solicitation of absentee ballots be referred to the Legislative Review Committee. CLOSED SESSION PARTICIPATION POLICIES - DISCUSSION - CITY ATTORNEY - CONTINUED FROM JULY 20, 1987 This is the time and place continued to for discus- sion relative to Closed Session participation policies requested by the City Attorney. (28) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the discussion regarding Closed Session participation policies be referred to the Legislative Review Committee. RISK MANAGEMENT DEPARTMENT FUNCTIONS - REPORT FROM CITY ADMINISTRATOR - CONTINUED FROM AUGUST 3, 1987 This is the time and place continued to for a report from the City Administrator describing possible alterna- tives to functions of the Risk Management Department. (30) 15 8/17 /87 The alternatives are as follows: 1 - Adopt resolution reassigning Risk Management personnel to the City Attorney and Personnel Department; 2 - Adopt resolution reassigning Risk Management Division to City Attorney's Office and deleting position of Risk Manager; 3 - Re-establish Risk Management as a division under the direction of the City Administrator; direct recruit- ment of Risk Manager; direct close continuous cooperation with the City Attorney's Office on liability and workers compensation matters of litigation; 4 - Refer the matter to the Legislative Review Com- mittee. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the matter of the Risk Management Division functions be re- ferred to the Legislative Review Committee. JOINT POWERS AGREEMENT - CITIES OF THE COUNTY OF SAN BERNARDINO - COMMON LEGAL CLAIM FOR TRAFFIC FINES DUE 17 COUNTY CITIES - CONTINUED FROM JULY 20, 1987 This is the time and place continued to for discus- sion regarding participation in a Joint Powers Agreement with other County cities to file a legal claim to pursue equitable distribution of traffic fines forfeitures and assessments under Penal Code Section 1463.l(c). (29) Mayor wilcox stated that a meeting with County offic- ials to discuss the distribution of traffic fines and assessments had not been scheduled yet, due to the illness of Supervisor Hammock. City Attorney Penman answered questions, stating he felt the City would profit by filing an independent claim, in that the cost of an in-house action would be less, might produce better results in the recovery amount, and could get underway faster. City Administrator Schweitzer answered questions, stating that he estimated the City has lost approximately 1.6 million dollars in fines since Proposition 13. He stated the City is entitled to receive approximately $549,000 for the past three years, which is the only period for which the City can collect. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of filing a Legal Claim for traffic fines from the County be continued to September 21, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. BOARD OF WATER COMMISSIONERS - GROUNDWATER PROBLEM - SCHEDULE HEARING - CONTINUED FROM AUGUST 3,1987 This is the time and place continued to for schedul- ing a hearing with the Board of Water Commissioners to discuss the groundwater problem. (31) No official action was taken at this time, but it was determined that the hearing would be held at 11:30 a.m., Tuesday, August 18, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 8/17 /87 SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT ADVISORY COMMISSION - APPOINTMENT OF MAYOR WILCOX AND COUNCIL MEMBER REILLY - CONTINUED FROM AUGUST 3, 1987 This is the time and place continued to for discus- sion on the appointment of Mayor wilcox and Council Member Reilly to the San Bernardino Valley Municipal Water Dis- trict Advisory Commission. (32) City Attorney Penman referred to a memorandum dated August 14, 1987, from Sr. Assistant City Attorney Barlow regarding this matter. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the appointment of Mayor Wilcox and Council Member Reilly (Alternate) to the San Bernardino Valley Municipal Water District Advisory Commission, be approved. LEGISLATIVE REVIEW COMMITTEE REPORT - AUGUST 6, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, gave the report of the Legislative Re- view Committee meeting held on August 6, 1987. The fol- lowing items were discussed: (34) 1. ~ropose~ev~l~Ement Procedure - Item continued. The Committee will review the thresholds desired and the flow charts which were presented by the Planning Direc- tor. A recommendation to the full Council will be forthcoming on those issues and on how elaborate a notification to the public is required. The Planning Director was asked to provide a report on the County's process at the next meeting. 2. Report Relative to Method of Collection and Legality of Adding a Penalty Charge When Abatement Cost is Placed on Tax Rolls Item continued. The Public Services Director presented his report. The City Attorney has not completed his review. 3. Proposed Revisions to Municipal Code -ReqUl-remen~or Connection of Developments to City Sewer System - Item continued. The City Attorney has not completed his review. 4. Review of Council Committees - The Committee recommendedfhe dele-tlon- of the following ad hoc committees: Absentee Ballot Bingo Blue Ribbon General Obligation Bond (Ways and Means) Building and Safety Oversight Central Garage Division "E" Street Revitalization (Duplicates Main Street) Parks, Recreation & Community Services Study RR-SW Corridor Rail Service (Transportation) General Obligation Bond Measure (Ways & Means) 17 8/17/87 The Commi ttee recommended combining the Central City East Study with the Seccombe Lake Area Committee and the Central City South Study with the Tri City Project Area Comm it tee. The Comm i t tee' s consensus was that the standing committees should be used as much as possible and ad hoc committees be formed only to review short-term issues and then be dissolved. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the following ad hoc committees be deleted: Absentee Ballot Bingo Blue Ribbon General Obligation Bond Building and Safety Oversight Central Garage Division "E" Street Revitalization Parks, Recreation & Community Services Study RR-SW Corridor Rail Service General Obligation Bond Measure; and that the following committees be combined: Central City East Study with the Seccombe Lake Area Committee Central City South Study with the Tri City Project Area Committee. 5. Amortization of Adult Uses Regulation _ Item continued. The Committee requested a review of the existing ordinance and a list of the number of stores and theaters in the City which are classified in the adult use category. The question as to whether back- ground checks are required of proprietors was also posed. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the Legislative Review Committee held August 6, 1987, be received and filed. WAYS AND MEANS COMMITTEE REPORT - AUGUST 10, 1987 Council Member Estrada, Chairwoman of the Ways and Means Committee, gave the report of the Ways and Means Committee meeting held August 10, 1987. The following items were discussed: (35) 1. ~~es~~.E.-E:.inanci~l2up~t - Dr. ~il d r ~~~YL--.!: AL --.!:~9:~!!! - It e m con- tinued. Dr. Henry was advised that no money is presently available from Community Development Block Grant Funds and since the General Fund budget has not been approved, no recommendation could be made at this time. 2. Discussion of Anti-Drug Program -Ruben Herndon - The Herndons were advised the same-as Dr. Henry. Mr. Henderson, Commun- ity Development, will query HUD on whether this project could qualify under Economic Development funds. 18 8/17/87 Mr. Jerry Herndon, Executive Director, Boys' Club of San Bernardino was present and requested funds from the City's Promotional Fund for assistance in promoting "Countdown to Crackdown" a special event to be held in the California Theater on September 12, 1987, as a program against drugs. City Administrator Schweitzer answered questions, explained the uses of the Promotional Fund, and stated that all the remaining Promotional Funds in the 1986-87 budget had reverted to the General Fund. City Attorney Penman answered questions, stating it is legal to give to nonprofit organizations, but not to religious groups. Finance Director Knudson answered questions, stating that there is $116,000 for Promotional purposes in this year's budget, none of which has been allocated. He ex- plained how these funds had been used in previous years. Mr. Herndon explained the plans for the Countdown to Crackdown event, and the expenses that will be incurred, such as cost of the California Theater, and celebrity expenses. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, to appropriate $3,500 from the 1987-88 Budget Promotional Fund for the Boy's Club Count- down to Crackdown special event. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Council Members Flores, Maudsley, Minor. Absent: None. 3. B.es.9..!.ution_~_'{.ehic.!.~_!2.isposal - The Committee, after looking at a vehicle that had been rehabilitated for $400 (police black and whi te - now beige) recommended approval of Mr. Dean Meech's request to implement the program by resolution. Dave Thomas informed the Committee that, with the rehabilitation of these vehicles for a minimal fee, the Police Department could use them for another 30,000 miles. 4. Parking District Briefing - Item con- tinued for 30 days to allow Public Works and Finance to review and report. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Ways and Means Committee meeting held Au- gust 10, 1987, be received and filed. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. MOBILE HOME PARK AD HOC COMMITTEE - AUGUST 4, AND 10, 1987 Council Member Flores, Chairman of the Mobile Home Park Ad Hoc Committee, presented the reports of the Mobile Home Park Ad Hoc Committee held on August 4, 1987, and August 10, 1987. The following items were discussed: (36) 19 8/17 /87 August 4, 1987: 1. Rent Stabilization Ordinance for Mobile Home Parks in the City of San Bernardino -Extensive discussion, mostly regarding the plight of mobile home owners at Sequoia Park, took place. The Committee directed the City Attorney's representative to re- view and report at the next meeting (10:00 a.m., August 10, 1987), on whether the City Council could impose a rent moratorium on mobile home parks retroactive to July I, 1987. This would give the City time to study and propose a solution to the mobile home rent control issue. August 10, 1987: 1. Rent Stabilization Ordinance for Mobile Home Parks in t~e Cit~ San Bernardino -The Committee recommended that the Council approve a 90 day moratorium with a rollback effective date of enactment of the resolu- tion/ordinance. The findings of fact will be presented to the Council either at the August 17th or September 8th Council Meet- ing. Rent agreements already in place be- tween park owner and tenant will not be affected. Park tenants will provide hard- ship statements in writing to the Council as soon as possible. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Mobile Home Park Ad Hoc Committee meetings held August 4 and 10, 1987, be received and filed. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. TEDDY BEAR TYMES CHILD CARE CENTER - EXTENSION OF FENCED PLAYGROUND - ADDITIONAL CLASSROOM SPACE _ ADJACENT TO YWCA BUILDING ON SIERRA WAY In a letter dated July 30, 1987, Joe Perez, Executive Secretary, Building and Construction Trades Council, stated there is an urgent need for additional playground and facility space for the Teddy Bear Tymes Child Care Center, located adjacent to the YWCA Building on Sierra Way, and requested the following measures be adopted: (37) 1. Extend the fenced playground into approximately 5,000 square feet of the surrounding State/City Park area (Seccombe Lake Park) which is currently landscaped with ground cover and decorative shrubs. 2. Provide Teddy Bear Tymes with 2,000 square feet of additional classroom space in the vacant portion of the building immediately adjacent to the YWCA on the Seccombe Park site. Adding both of these proposals would increase the capacity of Teddy Bear Tymes from 66 to 110 children. John Kramer, Recreation Supervisor, Parks, Recreation & Community Services, described the 6,700 square feet of landscaped property being requested for transfer to Teddy Bear Tymes, which is presently designated for general 20 8/17/87 public use. He also stated that the building facility which is being requested has only one public restroom, which would have to be assigned to Teddy Bear Tymes, and would take away from the usefulness of the facility for the Parks, Recreation & Community Services Department. Mr. Kramer recommended that this matter be referred to the Parks, Recreation & Community Services Commission for further review and study, as the Commission has not re- viewed this matter. Mr. Kramer answered questions regarding the status of the operating agreements with the State concerning Sec- combe Lake Park, stating they would have to be redrafted if changes are made in previously agreed conditions. City Attorney Penman explained that the State has control of Seccombe Lake Park for five years, so the City doesn't have the authority at this time to make a decision without State approval. Jim Burns, Project Coordinator, San Bernardino County, urged the Council to take action today regarding the extension of the playground area and renovation of the building facilities, so that Teddy Bear Tymes could open on September 30, 1987. He stated that State approval would be forthcoming. He explained that material and labor have been donated for all necessary construction. Joe Doyle, Building and Construction Trades Council, answered questions, stating that approximately $500,000 worth of labor and materials have been donated to complete the proposed project through the Council he represents. He stated that all the improvements will benefit the City, as they are all on City property. Mr. Doyle explained that with the extension of the playground area, the number of children in the child care center can be increased from 66 to 88, and with the addi- tion of the building facilities, can be increased to 112. Mr. Kramer answered questions, stating that if the landscaped park area is assigned to Teddy Bear Tymes, then it is no longer available for its designated use for the benefit of the general public. City Administrator Schweitzer answered questions, stating that the allocation of 2,000 square feet in the former IRS building to Teddy Bear Tymes would leave only 2,000 square feet for use by the Parks, Recreation & Com- munity Services Department, plus the only restroom would be assigned to child care. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to refer the request of Teddy Bear Tymes for use of certain Sec- combe Lake Park areas to the Parks, Recreation & Community Services Commission for the purpose of allowing time for the City Attorney to look into the legal problems. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PER- SONNEL RESEARCH CENTER PROVIDING FOR A SALARY RATE STUDY OF MANAGEMENT/CONFIDEN- TIAL, MIDDLE MANAGEMENT AND THE GENERAL EMPLOYEE BARGAINING UNIT. (9) 21 8/17/87 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. 87-283 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. PAINT 90 FEET OF RED CURB - HERRINGTON STREET, SOUTH OF 21ST STREET - COUNCIL MEMBER POPE-LUDLAM A request was received from Council Member Pope- Ludlam to paint 90 feet of red curb on the west side of Herrington Street, south of 21st Street, to control pros- titution, drug dealing and other illegal activities. (S-4 ) In a memorandum dated August 13, 1987, Roger Hard- grave, Director of Public Works/City Engineer, gave the background of the request to paint a portion of the curb red on Herrington Street to curb illegal activities. City Attorney Penman explained that State Law re- quires traffic control reasons for painting a curb red. Police Chief Burnett stated that there is a traffic problem with people standing in the roadway at the dri- ver's side of the parked vehicle, inhibiting traffic flow, which creates a hazard. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the City Attorney be directed to prepare a resolution author- izing installation of 90 feet of red curb on the west side of Herrington Street, south of 21st street. VACATION OF A PORTION OF ALLEY NEAR EVANS AND MT. VERNON - COUNCIL MEMBER POPE-LUDLAM A request was received from Council Member Pope- Ludlam to institute proceedings for vacation of a portion of an alley near Evans and Mt. Vernon, to help abate drug dealing in the alley. (S-5) In a memorandum dated August 13, 1987, Roger Hard- grave, Director of Public Works/City Engineer, gave the background of the request to vacate the alley between Evans Street and 16th Street, west of Mt. Vernon Avenue. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that staff be instructed to initiate the necessary procedures for vacation of a portion of the alley near Evans and Mt. Vernon. CREATION OF AD HOC COMMITTEES - SOCIAL SERVICE PROGRAM REVIEW - POLICE DEPARTMENT BUDGET AND COMMUNITY BASED POLICING REVIEW - APPOINTMENT TO 2010 TASK FORCE In a memorandum dated August 12, 1987, Council Member Estrada requested the formation of Social Service Program Review Committee, a Police Department Budget and Community Based Policing Review Committee, and the appointment of Council Member Miller to the 2010 Task Force. (S-6) 22 8/17 /87 City Attorney Penman advised Council Members Estrada and Pope-Ludlam not to participate in the discussion regarding the formation of the Social Service Program Review Committee, due to a possible conflict of interest because of their employment. (33, S-6-la) Council Member Estrada stated voting on thi s matter due to a interest. she would abstain from possible conflict of Council Member Pope-Ludlam stated she would abstain from voting on this matter due to a possible conflict of interest. Council Member Reilly made a motion, seconded by Council Member Flores, that a Social Service Program Re- view Committee be formed with Council Members Reilly, Flores, Minor as members. The motion failed by the following vote: Council Members Reilly, Flores, Miller. Noes: Members Maudsley, Minor. Absent: None. Abstain: Members Estrada, Pope-Ludlam. Ayes: Council Council Council Member Estrada made a motion, seconded by Council Member Flores, that a Police Department Budget and Community Based Policing Review Committee be formed, with Council Members Estrada, Miller and Flores as members. (S-6-1b) The Council Miller. None. motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Pope-Ludlam, Noes: Council Members Maudsley, Minor. Absent: Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that Council Member Miller be added as a member of the 2010 Task Force. (S-6-2a) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. OUT OF STATE TRAVEL - DEAN PAGEL - BUILDING INSPECTION SUPERVISOR - ICBO CONFERENCE - KANSAS CITY, MISSOURI - SEPTEMBER 20-25, 1987 Pursuant to a memorandum dated August 13, 1987, from James Richardson, Acting Director, Building & Safety De- partment, Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, to approve Building Inspection Supervisor Dean Pagel's attendance at the ICBO Conference in Kansas City, Missouri, September 20-25, 1987. (S-7) RES. 87-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CORPORATE GRANT DEED FOR THE SALE OF A CERTAIN PARCEL OF PROPERTY LOCATED AT "G" STREET AND MILL STREET IN THE CITY OF SAN BERNARDINO TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (S-9 ) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. 23 8/17 /87 Resolution No. 87-284 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council SET APPEAL HEARING - S & A PROPERTIES _ UNDERGROUNDING UTILITIES In a memorandum dated August 113, 1987, Roger Hard- grave, Director of Public Works/City Engineer, gave the background of the appeal by S & A Properties of the re- quirement for undergrounding utilities for the SIMA Proj- ect at Mill Street and "G" Street, Parcel Map No. 95136. (S-l13) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal by S & A Properties, of the requirement for under- grounding utilities within the SIMA Project at Mill Street and "G" Street, Parcel Map No. 95136, be set for hearing before the Mayor and Common Council on Tuesday, September 8, 1987, at 113:1313 a.m, in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. INLAND HISPANIC CHAMBER OF COMMERCE - MEXICAN INDEPENDENCE FIESTA AT LA PLAZA PARK - USE OF CITY FORCES AND EQUIPMENT - WAIVE COSTS In a memorandum dated August 11, 1987, Annie Ramos, Director, Parks, Recreation & Community Services, stated that the Inland Empire Hispanic Chamber of Commerce has requested the use of La Plaza Park, Mt. Vernon Avenue between 7th and Victoria Streets, for their annual Mexi- can Independence Fiesta, September 113 to September 14, 1987. They have also requested the use of certain City equipment, and the closure of portions of 7th and Vic- toria Streets which are directly adjacent to the park, so that the festivity may be expanded into the street area. (S-ll) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that utili- zation of City crews and equipment and City Police per- sonnel for assisting the Inland Empire Hispanic Chamber of Commerce in their Mexican Independence Fiesta at La Plaza Park be authorized. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the expenses incurred by the use of City forces and equipment and Police Department personnel in providing assistance to the Inland Empire Hispanic Chamber of Commerce for the Mexican Independence Fiesta at La Plaza Park be waived, based on a finding that payment of said expenses would create a financial hardship jeopardizing the activity planned which will be of unusual benefit to the inhabi- tants of the City and should be supported with public funds. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the closing of portions of 7th Street on the north side of La Plaza Park and Victoria Street on the south side from 8:1313 a.m., on September 113, to 8:1313 a.m., on September 14, 1987, be approved, so that the streets may be used in conjunction with the Inland Empire Hispanic Chamber of Commerce Mexican Independence Fiesta. 24 8/17 /8 7 SET APPEAL HEARING - UNDERGROUND UTILITIES - LIONEL S. HELLER - 455 SOUTH "0" STREET In a memorandum dated August 12,1987, Roger Hard- grave, Director of Public Works/City Engineer, gave the background of the appeal for a hearing to consider the requirement for undergrounding utilities filed by Lionel S. Heller, 455 South "0" Street. (S-12) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal by Lionel S. Heller, of the requirement to under- ground utilities adjoining a proposed development at 455 South "0" Street, be set for a public hearing before the Mayor and Common Council at 10:00 a.m., Tuesday, September 8, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. STREET BANNERS - REQUEST FOR WAIVER OF FEES - BOYS CLUB - ADVERTISING "CRACKDOWN" - JERRY HERNDON In a letter dated August 13, 1987, Jerry L. Herndon, Boys Clubs of San Bernardino, Inc., requested a waiver of fees and permission to place three banners at various locations in the City advertising "Crackdown", an anti- drug event to be held at the California Theater on Sep- tember 12, 1987, at 7:00 p.m. He stated that having to pay the fees would place a hardship on the Boys Club. (S-13) City Administrator Schweitzer explained that there are only three locations in the City that are suitable for placing banners because of wind problems: "E" Street Bridge; Church & "E" Streets; Highland Avenue at Fiscalini Field. Reuben Herndon, volunteer with the Boys Club, stated that the three suggested locations for banners are accep- table to them. He requested waiver of fees and explained that the banners will advertise "Countdown to Crackdown - RAP Production on September 12, 1987 - Tickets available", and a phone number given. Wayne Overstreet, Superintendent, Public Buildings/ Parking Control, answered questions, stating the City puts up the banners and charges $100.00 for each one. He ex- plained that the City loses about $20.00 a location. City Attorney Penman read San Bernardino Municipal Code Section 16.16.040, which relates to banners, and made reference to the requirement of a deposit, and the need for a hold harmless provision. The Code provides that a banner can be up for only seven days. Mr. Penman answered questions regarding the liability involved in putting up banners, stating that the City would be liable if a banner should fall and cause an acci- dent or injury. He suggested this could be referred to the Legislative Review Committee to change the ordinance to require insurance in the future. City Clerk Clark explained that the reason the Muni- cipal Code charges a deposit rather than a fee is because the deposit money is collected to cover the actual cost of hanging the banner. 25 8/17/87 City Attorney Penman agreed with City Clerk Clark's interpretation, and stated that the waiver of the deposit is not a discretionary matter. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that permission be granted for a banner permit for fourteen days - August 28,1987, to September 12, 1987. (This motion did not include a fee waiver) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: Council Member Minor. Absent: None. WAIVER OF FEES - ST. THERESA'S CHURCH - USE OF CITY TABLES AND CHAIRS In a memorandum dated August 12, 1987, John Kramer, Recreation Supervisor, Parks, Recreation & Community Ser- vices Department, stated that St. Theresa's Church had requested the use of five tables and 50 chairs for a fund raising event on August 15,1987. Rental costs estab- lished by resolution would be $57.50. They have requested that the fee be waived. (This item was discussed in conjunction with the following item No. S-15) (S-14) WAIVER OF FEES - OUR LADY OF GUADALUPE CHURCH - USE OF CITY CHAIRS In a memorandum dated August 13, 1987, John Kramer, Recreation Supervisor, Parks, Recreation & Community Ser- vices Department, explained that Our Lady of Guadalupe Church has made an additional request to use 200 chairs for its event on August 16, 1987. Fees would be $150. (S-15 ) City Attorney Penman stated that the State Constitu- tion prohibits any gift or use of City equipment by a religious group. He referred to a memorandum dated August 17, 1987, from Dennis A. Barlow, Sr. Assistant City Attor- ney, which quotes Article 16, Section 5 of the California Constitution that sets forth the provisions governing the gifts of public funds to religious groups, and other governmental entities. City Attorney Penman advised that no formal action be taken on these two items. No formal action was taken on items S-14 and S-15. REQUEST FOR ENDORSEMENT - PROTECT (PROBATION TEAMS FOR EFFECTIVE CONTROL & TREATMENT) - SAN BERNARDINO COUNTY PROBATION DEPARTMENT In a memorandum dated August 13, 1987, Mayor Wilcox requested endorsement of the proposed County program called ProTECT (Probation Teams for Effective Control and Treatment). An outline of the program functions was at- tached to the memorandum. (S-8) Mayor wilcox introduced Jerry Hill, Chief County probation Officer, Judge John Kennedy, Jeri Simpson, San Bernardino Community Against Drugs, and Police Chief Bur- nett, who were in the audience. Jerry Hill, Chief County Probation Officer, explained that funding is being requested for the 1987-88 Budget, and he anticipated that the program would be funded on a continuing basis. 26 8/17/87 Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to go on record in support of the program entitled ProTECT. RES. 87-285 - 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 COMMISSION TO HEAR AND MAKE FINDINGS ON MATTERS OF CONTROVERSY, AND REPEALING RESOLUTIONS NOS. 84-139 AND 87-233. (S-18 ) City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-285 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. sent: None. by the following Reilly, Flores, Noes: None. Ab- CLOSED SESSION - REQUEST TO HIRE ATTORNEY FRANK CARDINAL AS A DEPUTY CITY ATTORNEY III - REPLACE- MENT FOR LOREN MCQUEEN DURING MATERNITY LEAVE The item regarding a Closed Session to discuss per- sonnel matters concerning the hiring of Attorney Frank Cardinal as a Deputy City Attorney III as a replacement for Loren McQueen during her maternity leave was deleted pursuant to the request of City Attorney Penman. (S-3) RECESS MEETING - CLOSED SESSION At 4:13 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to a Closed Session pursuant to: Government Code 54956.9(a) to confer with its attor- ney regarding litigation which has been initiated formally and to which the City is a party as follows: Annie John- ~, Case No. 86 SBR 119940; Mary Jenkins, Case No. 86 SBR 122119; Tim Devereaux, Case No. 85-SBR 107352; Frank Olivas, Case No. 76 SBR 54146; Samuel Tapper, Case No~BR 126044 and 86 SBR 124855; Barbara Tinch, Case No. 86A-0l2; and Behnke/Montgomery Wards/Farmers, Case No. 86B-130; (S-l) Government Code 54956.9 (b) to confer with its attor- ney regarding pending litigation, to discuss claims of Gary L. McIntosh, Irene and Ellis Carver, Gary Tate/Far- mers Insurance/Teachers Insurance Company; (4,5,6, S-2) Government Code 54956.9(a) to confer with its attor- ney regarding pending litigation which has been initiated formally and to which the City is a party as follows: City of San Bernardino vs. California Construction Managem~ Inc., et aI, Case No. 238755; Saldecke, et al vs. City of SanBernardino, et aI, Case No. 236836; Cable Lakes As- socTatTOi1-VS~-cT~I San Bernardino Cornman Council, et ~, Case No. 238714; City of San Bernardino, et al vs. The San Manuel Band of Mission Indians, et aI, Case No. CV-85-689"9-WJR;-------------- (S-16) 27 8/17/87 Government Code 54956.9(b) (1) to confer with its attorney to discuss pending litigation regarding Residents vs. San Bernardino Baseball Club, Inc., "Spirit" and City of San Bernardino; and other items. (S-17) CLOSED SESSION At 4:13 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of Ci ty Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Police Chief Burnett; Deputy City At- torney Redd. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. CITY CLERK ARRIVED At 4:40 p.m., City Clerk Clark arrived at the Closed Session. sion. CITY CLERK EXCUSED At 5:15 p.m., City Clerk Clark left the Closed Ses- ADJOURN CLOSED SESSION At 5:33 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 5:33 p.m., the Regular Meeting reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Administrator Schweitzer. Absent: City Clerk Clark. RECESS MEETING At 5:33 p.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be recessed to 11:30 a.m., Tuesday, Au- gust 18, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 11:42 a.m., Tuesday, August 18, 1987, the recessed meeting was called to order by Mayor wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. 28 8/17/87 8/18/87 RECESS MEETING - CLOSED SESSION _ At 11:42 a.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess to a Closed Session to confer with its attorney pursuant to Government Code Section 54956.9(a) regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is San Bernardino Valley Municipal Water District vs. all persons interested in the matter of ~outh~alle~ Redevelopment Agency Project Area, Case No. 224322. (42) CLOSED SESSION At 11:42 a.m., the Closed Session was called to order in the Conference Room of 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, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. Also present: Sr. Assistant City Attorney Barlow; Attorney Fitzgerald; Phil Arvizo, Executive Assistant to the Council; Glenda Saul, Executive Director, Redevelop- ment Agency; and Herb Wessel, General Manager, Water De- partment. RECESS CLOSED SESSION - MOVE TO MANAGEMENT INFORMATION CENTER (MIC) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, to recess to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE CLOSED SESSION The Closed Session reconvened in the Management In- formation Center (MIC), Sixth Floor, 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, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. Also present: Sr. Assistant Attorney Barlow, Attor- ney Fitzgerald, Phil Arvizo, Executive Assistant to the Council; Glenda Saul, Executive Director, Redevelopment Agency; Herb Wessel, General Manager, Water Department. ADJOURN CLOSED SESSION At 1:20 p.m., the Closed Session adjourned to the Recessed Regular Meeting of the Mayor and Common Council. RECONVENE MEETING At 1:20 p.m., the Recessed Regular Meeting reconvened in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. 29 8/18/87 RECESS MEETING At 1:20 p.m., the meeting was recessed for ten min- utes for the purpose of reconvening in the Council Cham- bers, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 1:45 p.m., the meeting reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Minor, Miller; Sr. Assistant City Attorney Barlow; City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. HEARING - BOARD OF WATER COMMISSIONERS - HIGH GROUNDWATER PROBLEM - CONTINUED FROM AUGUST 3, 1987 This is the time and place continued to for a hearing with the Board of Water Commissioners to discuss the high groundwater problem. (31) Mr. Patrick Milligan, a member of the Board of Direc- tors for San Bernardino Valley Municipal Water District, gave some history on the relationship between the City of San Bernardino Water Department and San Bernardino Valley Municipal Water District (SBVMWD), explained that the SBVMD's "Superwell" project was denied by the Supreme Court, and stated that in the last six years nothing has been done to solve the high groundwater problem. Mr. Milligan emphasized the importance of resolving the high groundwater situation and presented a groundwater management agreement which requires the City to pay $3,000,000 to SBVMWD as its contribution toward a ground- water management program. This contribution will be in the form of credits in the amount of $150,000 per year for twenty years that would be given to the Water Department by SBVMWD. Attorney Ed Fitzgerald, representing the City Water Department, expressed concerns about the dollar amount in the agreement and a section in the agreement dealing with the dismissal with prejudice of three lawsuits brought by San Bernardino Valley Municipal Water District. The Mayor and Council discussed the agreements. Mr. James Urata, a member of the Water Board, ques- tioned the $3,000,000 clause and the reaction this agree- ment might bring from downstream users of the water. Mr. Milligan responded. Mr. Fitzgerald explained that the San Bernardino Water Department has no objection to the proposal for dewatering, but has some concerns about the agreement. Mr. Harold Willis, Water Board Member, spoke. Herb Wessel, General Manager of the San Bernardino City Water Department, disagreed with Mr. Milligan's statement that nothing had been done to resolve the high groundwater problem. The City of San Bernardino has a gravity flow system. To alleviate problems downstream, the City has spent $3,000,000 in the last five years for additional boosting and transmission facilities, reducing the amount of water arriving in the lower basin by distri- 30 8/18/87 buting it to upper end consumers. The power costs for this boosting are an additional $1,000,000. Mayor wilcox emphasized the City's desire to go for- ward with SBVMWD in a basin management plan, but pointed out that release of the lawsuits is a separate matter and should not be tied to the groundwater management agree- ment. Mr. Milligan expressed his disappointment at the City's unwillingness to immediately enter into the pro- posed agreement. Herb Wessel, General Manager, Water Department, answered questions regarding the time frames for building facilities for groundwater management. There are two projects, a booster facility on Electric Avenue with air stripping towers which includes a feeder line for SBVMWD to run water to the Yucaipa area and a new line in Base Line Street to convey water to SBVMWD West End users. Mr. Milligan suggested the City Water Department make use of existing wells for pumping purposes. Mr. Wessel and Mr. willis responded that the use of the wells is subject to seasonal demand and therefore cannot be a long term solution. RECESS MEETING - CLOSED SESSION At 3:00 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to a Closed Session to confer with its attorney pursuant to Government Code Section 54956.9(a) regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is San Bernardino Valley Municipal Water District vs. all persons interested in the matter of ~outh~alle~edevelopment Agency Project Area, Case No. 224322. (42) ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Minor, Miller; Sr. Assistant City Attorney Barlow; City Adminis- trator Schweitzer. Absent: Council Members Estrada, Maudsley, Pope-Ludlam; City Clerk Clark. Also present: Attorney Fitzgerald; Glenda Saul, Executive Director, Redevelopment Agency; Phil Arvizo, Executive Assistant to the Council; Herb Wessel, General Manager, Water Department. CITY CLERK CLARK ARRIVED At 3:15 p.m., City Clerk Clark arrived at the Closed Session. ADJOURN CLOSED SESSION At 3:30 p.m., the Closed Session adjourned to the Recessed Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING AT 3:30 p.m., The Recessed Regular Meeting in the Council Chambers of City Hall, 300 Street, San Bernardino, California. reconvened North "D" 31 8/18/87 ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Minor, Miller; Sr. Assistant City Attorney Barlow; City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. GROUNDWATER MANAGEMENT AGREEMENT - DECISION REACHED Mayor Wilcox announced that the Mayor and Common Council had reached a decision in Closed Session regarding the proposed groundwater management agreement. Mayor Wilcox also commended SBVMWD Board Member Pat Milligan for his efforts in solving the groundwater prob- lems. The motion adopted in Closed Session was repeated in open session as follows: Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that as the Mayor and Common Council are strongly in favor of a groundwater management plan, but have minor differences in the language in the agreement, that the City's attorneys be authorized to make revisions and that the revised agreements be made available to SBVMWD by Friday, August 21, 1987. ADJOURN MEETING At 3:35 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be adjourned to 1:00 p.m., Thursday, August 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to review the revised agreements. j~~/b/2t:l/~/5// / City Clerk No. of Items: No. of Hours: 65 12.5 32 8/18/87