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HomeMy WebLinkAbout08-09-1987 Minutes City of San Bernardino, California September 8, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Reilly at 9:12 a.m., Tuesday, September 8, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Council Member Pope- Ludlam of Grace Temple Missionary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Flores. ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Pro Tempore Reilly; Coun- cil Members Reilly, Flores, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schwei tzer. Absent: Mayor lVilcox; Council Members Es- trada, Maudsley. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PUBLIC COMMENTS - ED LEHMAN - AFSCME, LOCAL 122 Ed Lehman, representative of Local 122 of the Ameri- can Federation of State, County and Municipal Employees (AFSCME), requested that when the Mayor and Common Council consider Agenda Item 9, regarding the setting of a public hearing for the purpose of initiating impasse procedures relative to the General Employee Bargaining Unit negotia- tions, that they change the proposed hearing time to 5:00 p.m., in order for General Employees to be off work and able to attend. (A) PUBLIC COMMENTS - MICHAEL KIRBY - SALE OF POUND ANIMALS FOR RESEARCH Michael Kirby, Assistant Professor of Pediatrics and Anatomy at the University of Lorna Linda, stated that he would appreciate an opportunity to speak when Agenda Item 27, regarding the proposed Pound Seizure Initiative Ordi- nance, is brought before the Mayor and Common Council. (A) APPOINTMENTS - ALMA E. PRESTON - FIRE COMMISSION - THIRD WARD In a memorandum dated August 18, 1987, Mayor wilcox requested the appointment of Alma E. Preston, 602 N. Dallas Avenue, San Bernardino, California, to the Fire Commission, on behalf of Third Ward Council Member Flores. (C) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the appointment of Alma E. Preston as the Third Ward Fire Commissioner, be approved. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. 1 9/8/87 COUNCIL MEMBERS ESTRADA AND MAUDSLEY ARRIVED At 9:16 a.m., Council Members Estrada and Maudsley arrived at the Council Meeting and took their places at the Council Table. PROCLAMATION - POW/MIA RECOGNITION DAY - SEPTEMBER 18, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor and Common Council of the City of San Bernardino designating September 18, 1987, as POW/MIA Recognition Day. (B) Bob Larson, Service Officer and Ex POW, Harry Simms, Ex-POW and Bob Ellsworth, Vice Commander, Inland Chapter Ex-POWs, were present to accept the proclamation. RECONSIDERATION OF PUBLIC COMMENTS Council Member Pope-Ludlam requested that another opportunity be provided for public comments, as there are people in the audience who did not realize that the Public Comments segment of the Agenda had ended. (A) Mayor Pro Tempore Reilly stated that additional time could be given to public comments. MAYOR WILCOX ARRIVED At 9:20 a.m., Mayor Wilcox arrived at the Council Meeting and took her place at the Council Table. PUBLIC COMMENTS - RUBEN HERNDON - BOYS' CLUB Ruben Herndon, a representative of the Boys' Club, requested that Supplemental Agenda Item S-5, concerning a resolution authorizing an agreement with the Boys' Club of San Bernardino, relating to the sponsoring of a dance, be considered early in the meeting, as the event is this coming weekend and disbursement of the funds is necessary. (A) PUBLIC COMMENTS - COUNCIL MEMBER POPE-LUDLAM - DRUG PROBLEM IN SIXTH WARD Council Member Pope-Ludlam stated that she had been made aware that there were representatives from the Sixth Ward in the audience, who wanted to speak before the Mayor and Common Council regarding the drug problem in their neighborhood, particularly on Gilbert Street. (A) The speaker for the group from the Gilbert Street neighborhood was not present in the audience. Council Member Pope-Ludlam requested that City Ad- ministrator Schweitzer list the topic of the drug problem in the Sixth Ward on the next Council Meeting Agenda. PROCLAMATION - MEXICAN MONTH - SEPTEMBER, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor and Common Council of the City of San Bernardino designating September, 1987, as Mexican Month. (B) Events planned by various organizations in commemora- tion of Mexican Month were discussed. Mario Porras, representing the Hispanic Chamber of Commerce, was present to accept the proclamation. APPROVE MINUTES - JULY 30, 1987 Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of July 30, 1987, be approved as submitted in typewritten form. (1) 2 9/8/87 APPROVE MINUTES - AUGUST 17 AND 18, 1987 Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of August 17 and 18, 1987, be approved as submit- ted in typewritten form. (2) APPROVE MINUTES - AUGUST 20, 1987 Council Member Reilly made a motion, seconded by Council Member Miller, that the minutes of August 20, 1987, be approved as submitted in typewritten form. (3 ) Council Member Estrada stated that she would abstain from voting on this item, as she was not present at the Council Meeting of August 20, 1987. The motion carried Council Members Reilly, Ludlam, Miller. Noes: Council Member Estrada. by the Flores, None. following vote: Ayes: Maudsley, Minor, Pope- Absent: None. Abstain: OUT-OF-STATE TRAVEL - CITY ADMINISTRATOR _ 64TH ANNUAL CONGRESS OF CITIES AND EXPOSITION _ DECEMBER 12 - 16, 1987 - LAS VEGAS, NEVADA In a memorandum dated August 31,1987, Ray Schweit- zer, City Administrator, requested authorization to travel out-of-state and attend the 64th Annual Congress of Cities Exposition sponsored by the National League of Cities to be held December 12 - 16, 1987, in Las Vegas, Nevada. (4 ) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the request made by the City Administrator for authorization to travel out-of-state for the purpose of attending the 64th Annual Congress of Cities & Exposition sponsored by the National League of Cities to be held December 12 - 16, 1987, in Las Vegas, Nevada, be approved. CONTRACT - REDLANDS PAVING - RENOVATION OF BUS STOPS - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated August 26, 1987, Roger Hard- grave, City Engineer, stated that all work under contract with Redlands Paving concerning the renovation of Central City bus stops, was satisfactorily completed as of August 10, 1987. (5) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the Contractor, in accordance with Plan No. 7048, be approved and accepted; and that final payment be authorized at the expiration of the lien period. SETTING OF PUBLIC HEARING - APPEAL OF BOARD OF WATER COMMISSIONERS DECISION - SEWER SERVICE _ 4380 DAVID WAY - RUSSELL AND ANNE STURGEON In a letter dated March 21, 1987, Russell and Anne Sturgeon of 2733 Serrano Road, San Bernardino, California 92405, appealed the decision of the Board of Water Com- missioners to deny their application for City sewer ser- vice at 4380 David Way, stating that the cost of complying with the restrictions of the County Environmental Health Service Agency for construction of a septic tank is esti- mated at $14,452.00. (6) 3 9/8/87 Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the appeal of Mr. Russell Sturgeon relative to the denial of sewer service at 4380 David Way by the Board of Water Commissioners, be held September 21, 1987, at 9:30 a.m., in the City Council Chambers, 300 North "0" Street, San Bernardino, California. SETTING PUBLIC HEARING - FEES AND PROCEDURES FOR UNOERGROUNDING UTILITIES - 911 W. HIGHLAND AVENUE - STEPHEN F. GRAY, GRAY AMERICAN In a letter dated August 24, 1987, Stephen F. Gray, developer, requested that a public hearing be held con- cerning fees and procedures for undergrounding utilities at 911 W. Highland Avenue. (8) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the request relative to fees and procedures for undergrounding utilities connected to 911 W. Highland Avenue, be set for September 21, 1987, at 9:30 a.m., in the City Council Chambers, 300 North "D" Street, San Bernardino, Cali- fornia. SETTING COUNCIL WORKSHOP - HOUSING MARKET STUDY In a memorandum dated August 20, 1987, Ken Henderson, Director of Community Development, requested a Council Workshop concerning the Housing Market Study conducted by Empire Economics, Inc. and related issues. (10) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried that a Coun- cil Workshop be set for 9:00 a.m., September 28, 1987, to conduct a housing workshop to review the report findings, the infill acquisition/rehabilitation/resale program and consider policy recommendations. GAMES OF AMUSEMENT PERMIT - ROY E. SWEDEEN _ 1777 E. LYNWOOD In a memorandum dated August 11, 1987, Don Burnett, Chief of Police, recommended approval of the Games of Amusement permit application submitted by Roy Swedeen, 1777 E. Lynwood #J102, San Bernardino, California. (11) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the application for a permit for Games of Amusement submitted by Roy Swedeen, 1777 E. Lynwood #J102, San Bernardino, California, be approved. OUT-OF-STATE TRAVEL - POLICE DETECTIVE RON COVEY - INTERNATIONAL OUTLAW MOTORCYCLE GANG INVESTIGATORS CONFERENCE - SEPTEMBER 14 - 18, 1987 - KNOXVILLE, TENNESSEE In a memorandum dated August 17, 1987, Don Burnett, Chief of Police, requested authorization for Detective Ron Covey to attend the International Outlaw Motorcycle Gang Investigators Conference, September 14 - 18, 1987, in Knoxville, Tennessee, and stated that the cost of the conference is included in the Police Department Budget. (12) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that out- of-state travel for Detective Ron Covey to attend the International Outlaw Motorcycle Gang Investigators Con- ference in Knoxville, Tennessee, September 14 through 18, 1987, be approved. 4 9/8/87 MT. VERNON AVENUE, FROM NINTH STREET TO 21ST STREET - STREET LIGHT INSTALLATION - FINDINGS OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated July 22, 1987, Roger Hardgrave, City Engineer, stated that an Underground Utility District is being proposed on Mt. Vernon Avenue in order to facili- tate removal of overhead utility facilities. Existing street lights, which are mounted on wooden power poles, will be taken out of service when the power poles are removed. (14) It is proposed that new street lights be installed and owned by the City, which will result in savings for electrical energy charges, and preclude the street becom- ing unlighted when the undergrounding of utilities is accomplished. Crime will be reduced and traffic safety improved by the installation of street lights. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the installation of street lights on Mt. Vernon Avenue, from Ninth Street to 21st Street, in accordance with Plan No. 7232, is needed for health and safety reasons. SEWER FACILITIES RELOCATION - CONSTRUCTION OF ROUTE 30, FROM HIGHLAND AVENUE TO "H" STREET - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated August 4, 1987, Roger Hard- grave, City Engineer, recommended the relocation of sewer facilities in order to construct Route 30, from Highland Avenue to "H" Street, as studies have shown that vehicles operating on a freeway are less likely to have accidents than on City streets. (15) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the relocation of sewer facilities, to accommodate construction of the Route 30 Freeway, from Highland Avenue to "H" Street, in accordance with Plan No. 7116, is needed for health and safety reasons. SIDEWALK CONSTRUCTION - BASELINE STREET, HIGHLAND AVENUE AND SOUTH "E" STREET - FINDINGS OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated July 13, 1987, Roger Hardgrave, City Engineer, stated that the south side of Baseline Street, from California Street to Pico Street, the north side of Highland Avenue, from Valencia Avenue to East Twin Creek, and the east side of South "E" Street, from 100+ N & S/o Oak Street, are three locations that have received sufficiently high priority by a review board for sidewalk construction and funding under Senate Bill 821. (16) Construction of these sidewalks will improve pedes- trian safety, especially for children walking to and from Martin Luther King, Jr. Elementary School, by providing an all-weather walkway behind the curb. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the installation of sidewalk on por- tions of Baseline Street, Highland Avenue and South "E" Street in accordance with Plan No. 7223, is needed for health and safety reasons; that the plans for installation of sidewalk on portions of Baseline Street, Highland Ave- nue and South "E" Street, in accordance with Plan No. 7223, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. 5 9/8/87 INSTALLATION OF RELIEF SEWER - MILL STREET, EAST OF LYTLE CREEK FLOOD CONTROL CHANNEL - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated July 16, 1987, Roger Hardgrave, City Engineer, stated that due to 18" sewage pipe west of Lytle Creek Channel and 12" east of the channel, overflow of raw sewage is discharged on the ground and flood con- trol channel, in violation of Water Quality Control Board regulations and Health Department codes. (17) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the installation of a relief sewer in Mill Street, east of Lytle Creek Flood Control Channel, in accordance with Plan No. 7305, is needed for health and safety reasons. IMPROVEMENT OF ANNE SHIRRELLS PARK - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated July 15, 1987, Roger Hardgrave, City Engineer, stated that the main feature of Phase II-B, which is the next unit of Anne Shirrells Park to be im- proved, is a Little League Baseball field, with a snack bar and lighting system and other amenities. (18) State Legislature Public Resources Code Section 5701, has found that community, neighborhood and regional parks contribute significantly to a healthy physical and moral environment, and also contribute to the economic better- ment of the state. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the improvement of Anne Shirrells Park, Phase II-B, in accordance with Plan No. 7038, is needed for health and safety reasons. VACATION OF STATE STREET AT KENDALL DRIVE - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated July 22, 1987, Roger Hardgrave, City Engineer, stated that access from State Street to Kendall Drive was barricaded in the early 1960's to pre- clude traffic entering the intersection of University Parkway and Kendall Drive in an unsafe manner. (19) An adjoining portion of State vacated, so that development on the property Street, the area adjoining owner has requested that the north of Sheridan Road, be may be incorporated into a property. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the vacation of a portion of State Street, at Kendall Drive, is needed for health and safety reasons. (See Council Agenda Item 77 - Page 38) VACATION OF BELLEVIEW STREET, EAST OF PICO AVENUE- FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated August 20, 1987, Roger Hard- grave, City Engineer, stated that the owner of property adjoining Belleview Street, east of Pico Avenue, has re- quested that the street be vacated. This portion of the street is unpaved, in very poor driving condition and presents potential safety problems, due to the roughness of the dirt street and possibility of a motorist attempt- ing to cross the railroad tracks. (20) 6 9/8/87 council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the vacation of a portion of Belle- view Street, east of pico Avenue, is needed for health and safety reasons; and that the vacation of a portion of Belleview Street, east of pico Avenue, Plan No. 6512, be approved. INSTALLATION OF TRAFFIC SIGNALS - UNIVERSITY AND HALLMARK PARKWAYS - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated August 18, 1987, Roger Hard- grave, City Engineer, stated that traffic has increased sufficiently in the area of University and Hallmark Park- ways to satisfy established traffic signal warrants. (21 ) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the installation of traffic signals at University Parkway and Hallmark Parkway, in accordance with Plan No. 7318, is needed for health and safety reasons. VACATION OF 40TH STREET AND KENDALL DRIVE FINDING OF NEED FOR HEALTH AND SAFETY REASONS - APPROVAL OF PLAN - AUTHORIZATION TO PROCEED In a memorandum dated July 21, 1987, Roger Hardgrave, City Engineer, stated that a request has been received by the City, representing 100% of the property owners adjoin- ing 40th Street and Kendall Drive, to vacate a portion of the northwest corner of the property. The vacation of the surplus area would conform to City standards and provide improved traffic conditions and reduce danger to the public. (22) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the vacation of a portion of the northwest corner of 40th Street and Kendall Drive, in accordance with Plan No. 7254, is needed for health and safety reasons; that Plan No. 7254, for the vacation of a portion of the northwest corner of 40th Street and Kendall Drive, be approved; and that the City Engineer and City Clerk be authorized to proceed. CLAIMS AND PAYROLL Council Member Reilly made a motion, seconded by Council Member Miller 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 as follows: (24) I. Approve the register of demand dated: August 5, 1987 87/88 #4 $1,667,338.82 2. Approve the total gross payroll for the period July 21, 1987, through August 3, 1987, in the amount of $1,339,502.97. I. Approve the register of demand dated: August 13, 1987 August 19, 1987 August 26, 1987 87/88 #5 87/88 #6 87/88 #7 $1,724,740.40 826,500.64 1,605,943.97 2. Approve the total gross payroll for the periOd August 3, 1987, through August 16, 1987, in the amount of $1,313,401.54. 7 9/8/87 OUT-OF-STATE TRAVEL - DENICE BRUE, ASSISTANT CITY ATTORNEY - 52ND ANNUAL NIMLO CONFERENCE _ SEPTEMBER 19 - 23, 1987 - SALT LAKE CITY, UTAH In a memorandum dated September 2, 1987, James Pen- man, City Attorney, requested authorization for Assistant City Attorney Denice Brue to attend the 52nd Annual Nimlo Conference, September 19 - 23, 1987, in Salt Lake City, Utah. (26) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that out- of-state travel for Assistant City Attorney Denice Brue to attend the NIMLO Conference in Salt Lake City, Utah, Sep- tember 19 through 23, 1987, be approved. SETTING OF PUBLIC HEARING - APPEAL OF BOARD OF BUILDING COMMISSIONERS' DECISION - 829 W. SPRUCE ST. In a letter dated August 15, 1987, Attorney Richard Lister, 181 South State Highway 173, Lake Arrowhead, California, lender on property located at 829 W. Spruce Street, appealed the decision of the Board of Building Commissioners to demolish the property, which is owned by UIF, Ltd. (7) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal of the Board of Building Commissioners relative to the demolition of property located at 829 W. Spruce Street, be set for 9:30 a.m., October 5, 1987, in the City Council Chambers, 300 North "D" Street, San Bernardino, California. SETTING OF PUBLIC HEARING - GENERAL EMPLOYEES IMPASSE PROCEDURE In a memorandum dated August 28, 1987, Ray Schweit- zer, City Administrator, identified the impasse procedures which may be invoked only after the possibility for set- tlement by direct discussion has been exhausted. (9) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that a public hearing be set for September 21, 1987, at 4:30 p.m., in the City Council Chambers, 300 North "D" Street, San Bernardino, for the purpose of initiating impasse procedures relative to the General Employee Bargaining Unit negotiations. FIELD LIGHTING AT AYSO PARK - FINDING OF NEED FOR HEALTH AND SAFETY REASONS - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated July 13, 1987, Roger Hardgrave, City Engineer, stated that plans for the installation of SOccer field lighting at the AYSO Park have been prepared by the Engineering Division, and that the project is ready to be advertised for bids. (13) Jim Penman, City Attorney, answered questions regard- ing the requirement of Finding of Need for Health and Safety Reasons due to the extension of time for revision of the City's General Plan, granted by the State of Cali- fornia Office of Planning and Research. Roger Hardgrave, City Engineer, answered questions regarding the consideration of additional electrical costs for lighting at the AYSO Park, stating that the Parks and Recreation Department would have information regarding the responsibility of costs. He stated that the funds for the work were included in last year's budget, and were approved for expenditure in 1986, but not yet used. 8 9/8/87 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the item concerning installation of field lighting at AYSO Park, be continued until later in the afternoon. (See Page 41 ) COUNCIL MEMBERS POPE-LUDLAM AND MILLER EXCUSED Council Members Pope-Ludlam and Miller left the Coun- cil Meeting. HANDICAPPED RAMPS - VARIOUS LOCATIONS - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a letter dated July 16, 1987, Roger Hardgrave, City Engineer, stated that handicapped ramps are required by State law in connection with construction of new curb and gutter, and proposed the upgrading of 16 existing intersections with ramps, in order to protect handicapped persons from injury. (23) Roger Hardgrave, City Engineer, answered questions regarding the locations of the 16 proposed handicapped ramps, stating that they have not yet been identified. After approval of the Finding of Need for Health and Safety Reasons, the locations will be brought back to the Mayor and Common Council for approval. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that installation of handicapped ramps at various locations, in accordance with Plan No. 7306, is needed for health and safety reasons. COUNCIL MEMBERS POPE-LUDLAM AND MILLER RETURNED Council Member Pope-Ludlam and Miller returned to the Council Meeting and took their places at the Council Table. PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the Per- sonnel Actions submitted by the Director of Personnel, with the exception of a Leave of Absence Without Pay for Personnel Director Perlick, in accordance with all ad- ministrative regulations of the City of San Bernardino, be approved as follows: (See Page 45) (25) APPOINTMENT Administrative Office Eleanor L. Dennis - Typist Clerk III - Effective September 8, 1987 Planning Department Vivian S. Leach - Planner I - Effective September 9, 1987 Fire - Prevention Betty L. Meier - Typist Clerk III - Effective September 9, 1987 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Bernadette D. Brewster - Recreation Aide/Part-Time - Effective September 9, 1987 Stella Vargas - Recreation Specialist - Effective September 9, 1987 9 9/8/87 Coach Operator/Part-Time - Effective September 9, 1987 Robert Kincade, Jr. Trudy Thomas Teacher Aide - Effective September 9, 1987 Diana L. Encinas Rachel Hhatley Senior Services Aide - Effective September 9, 1987 Madeline Garcia Hinifred I. Treas Dorothy Beason Senior Recreation Leader - Effective September 9, 1987 Melba C. Crawford Susan L. Lewis Ruben Campos, Sr. Teresa Rodriquez Sue Tropio Ann S. Kassel Alex Truj i 110 Consuelito Guerra Gregory Torres Supervising Lifeguard - Effective September 9, 1987 John A. Hesling Ruby A. Hright-Cortinas Thomas E. Wilson Recreation Leader/Part-Time - Effective September 9, 1987 Darrell A. Perry Theresa Holloway Kenny Botello Beverly A. Johns Vivian Arellano - Food Service Worker I - Effective September 9, 1987 Animal Control Animal License Checker - Effective September 9, 1987 Steven J. Lardi Sandra J. O'Brien Police Crossing Guard - Effective September 9, 1987 Lloyd L. Albright Carroll R. McFadden Ora R. McNair Martha C. Griebau Sharon Kay McFadden Patsy Ann Williams Public Works/Public Buildings Custodial Aide I - Effective September 9, 1987 Santiago M. Garcia Jesus R. Lorrabaquito Rafael Lopez Public Services/Refuse Extra Relief Heavy Laborer - Effective August 4, 1987 Floyd Walker Rod W. Monroe PROMOTION City Clerk/Business License Diane Copeland - From Clerk Typist Clerk II - Effective September 14, II to Account 1987 10 9/8/87 Fire David A. Kreske - From Firefighter to Engineer - Effective September 9, 1987 Dennis M. Reichardt - From Engineer to Captain - Effective September 9, 1987 Kenneth A. Ward - From Captain to Battalion Chief - Effective September 9, 1987 PROMOTION TEMPORARY Parks, Recreation and Community Services Conder Seasholtz - From Recreation Leader to Senior Recreation Leader - Effective September 9, 1987 LEAVE OF ABSENCE/MILITARY LEAVE Police Russell Wayne Smith - Dispatcher II - From August 1, 1987 through August 15, 1987 COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 6.24.160 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO PROHIBIT THE SALE OR DONATION OF ANIMALS FOR RESEARCH OR EXPERI- MENTATION. (Continued from August 17, 1987) (27) City Clerk Clark read the title of the ordinance. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the ordinance be waived. Mayor wilcox requested that persons wishing to speak regarding the proposed ordinance, limit their remarks to three to five minutes in order to expedite the Council Agenda. Jules Carvalho, 761 Herberts Lane, Colton, Cali- fornia, Chairman of the Citizens for Responsible Research, urged that an election be held concerning the sale of pound animals for research, stating that Measure HH had won previously and that the voters would elect to sell pound animals for research. Mario Porras, 3716 Osbun Road, San Bernardino, Cali- fornia, a member of the Citizens for Responsible Research, spoke in favor of the sale of pound animals for research. Nancy Burnett, Riverside, California, from the Society Against Vivesection, spoke against the sale of pound animals for research, stating that animal control would suffer in the City, that the City should not be involved in private enterprise and that an election would cost the City between $60,000 and $64,000, year after year, as petitions would be filed annually against the sale of pound animals. Dr. John Miller, 3790 El Camino Drive, San Bernar- dino, California, physician, representing the San Bernar- dino Community Hospital, San Bernardino County Medical Center, San Bernardino County Medical Society and St. Bernardine's Medical Center, spoke in favor of selling pound animals to research, and described advancements in the field of medicine as the result of research on animals. 11 9/8/87 Greg Diggins, 25246 Barton Road, Lorna Linda, Cali- fornia, father of Baby Jessica, a heart transplant recip- ient and a member of Incurably III for Animal Research, spoke in favor of the sale of pound animals to research. Judy Stricker, Costa Mesa, California, supported the elimination of the sale of animals for research, stating that she felt animal control would decline, and an elec- tion would be a waste of taxpayers' dollars. She gave examples of cases where animal research had been detri- mental to medical research. Michael Pritchard, 2102 "E" Street, San Bernardino, California, father of Baby Rachel, a heart transplant recipient and a member of Incurably III for Animal Re- search, spoke in favor of the sale of animals for re- search. Dr. Josep Llaurado, 11201 Benton Street, Lorna Linda, California, Chief of Neurological Medicine at the Vet- erans' Hospital, spoke in favor of the sale of animals for research, stating that computers cannot replace the level of research. Dr. Michael Kirby, 12190 Morrison Street, Moreno Valley, California, Assistant Professor of pediatrics and Anatomy at Lorna Linda Hospital, spoke regarding research that will have to be postponed or cancelled if the sale of pound animals for research is halted, the price of animals purchased from private entities, and stated that computer techniques do not replace the use of animal tissue in his studies. Margo Tannenbaum, 3087 North Acacia Street, San Ber- nardino, California, from Action for Animals, stated she has circulated a petition, which is ready to be submitted to the City, in order to start the initiative process for an election regarding the issue of selling pound animals for research. She provided statistics regarding the num- bers of animals purchased by researchers from private companies raising animals for research, stating that the halting of selling City pound animals has not slowed re- search. She stated that this is an animal control issue, not a research issue, and that an animal shelter is to shelter animals, not for the City to become involved in private enterprise. A copy of a press release from Deborah L. Biggs, Acting Director of Animal Control, was provided, which cited statistics proving that since the City has restrict- ed the sale of animals for research, the trust, confidence and support of the citizens has been gained as the Animal Shelter is looked upon as a viable and dependable public service agency. Ralph Hernandez, 190 N. Pico Street, San Bernardino, California, spoke regarding the precedent that would be set, destroying the initiative process, if the Council voted on the issue of selling pound animals for research without allowing it to be decided by the public. Chris DeRose, 18653 Ventura Blvd., Tarzana, Cali- fornia, spoke against the sale of animals for research and the involvement of the City in private business. 12 9/8/87 r Council Member Minor made a motion that the ordinance be laid over for final reading, ratifying the City's posi- tion of not selling pound animals for research. The motion died for lack of a second. Various possible amendments to the ordinance were discussed. Mayor wilcox stated for the record that she is not opposed to the use of animals for research, but she does not believe it is the business of the City to be selling animals for research. Shauna Clark, City Clerk, answered questions regard- ing the initiative process, the qualification of the peti- tion, and costs involved, stating that once the petition is turned over to the City, and is qualified, a Special Election would result. She described a ballot by mail election to the Mayor and Common Council as an alternative to an election with 100 polling places within the City. Margo Tannenbaum, Action for Animals, stated that the initiative process requires that either a Special Election date be set or that the ordinance prohibiting the sale of pound animals for research be adopted once the petition she has circulated qualifies. Robert Castenada, 1425 w. Ninth Street, San Bernar- dino, California, stated that discussion of a possible election is a separate item from that listed on the Coun- cil Agenda. Margo Tannenbaum, Action for Animals, submitted her petition against the sale of pound animals for research, thereby starting the initiative process. City Attorney Penman stated that the back-up material for Agenda Item 27 concerning the sale of pound animals for research mentions the possibility of an election on the issue, thereby making it possible for discussion of a possible election to take place. Margo Tannenbaum, Action for Animals, offered to withdraw her petition in order to allow discussion of the matter to continue without starting the initiative process timeclock. The Council discussed a modification of the proposed ordinance which would give animal owners the oportunity to donate their animals to research. Council Member Estrada made a motion, that the issue of selling pound animals for research be continued to later in the afternoon to look at ordinance modifications. The motion died for lack of a second. RECESS MEETING At 10:55 a.m., Mayor wilcox called a five-minute recess of the meeting. RECONVENE MEETING At 11:04 a.m., the meeting Chambers of City Hall, 300 North dino, California. reconvened in the Council "0" Street, San Bernar- 13 9/8/87 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 Ad- ministrator 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, and all Redevelopment Agency Agenda Items were acted upon. HEARING - REIMBURSEMENT OF SEWER CAPACITY RIGHT FEES - EARNEST HOLMES, PRESIDENT - TRIPLE H RANCH HOMES - CONTINUED FROM AUGUST 17, 1987 This is the time and place continued to for consi- deration of the reimbursement of sewer capacity right fees to Earnest Holmes, President of Triple H Ranch Homes, regarding the purchase of rights for three mud homes on Tract 13296. (These "mud homes" are relocated houses from the Hampshire Flood area) (28) Herbert H. Holmes, of Triple H Ranch Homes, stated that sewer capacity rights were requested in July, 1987, by Triple H Ranch Homes, which would have cost $1,620 per lot. After a City-imposed delay on the project, the sewer capacity rights fees had increased and were paid at $2,260 per lot. He requested reimbursement of the dif- ference between the sewer costs. Ray Schweitzer, City Administrator, answered ques- tions regarding the facts surrounding the purchase of the sewer capacity rights by Triple H Ranch Homes. James Penman, City Attorney, answered questions re- garding the hold placed on work on Tract 13296, which was legally placed on the project by the City, and stated that the sewer capacity rights could have been purchased at any time. Council Member Pope-Ludlam made a motion that the appeal be denied. The motion died for lack of a second. Herbert Holmes, of Triple H Ranch Homes, asked that Council Member Pope-Ludlam be asked to abstain from voting on this item, as she was a previous owner of mud houses. Jim Robbins, Deputy City Administrator, answered questions regarding the lot split on the project. Herbert Holmes, of Triple H Ranch Homes, answered questions regarding the lack of an appeal being filed concerning the Board of Building Commissioners' decision. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that this item be continued to the next regularly scheduled meeting of the Mayor and Common Council to be held at 9:00 a.m., Monday, September 21, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia, for a history on proceedings on Triple H Homes in the vicinity of this project. 14 9/8/87 APPEAL HEARING - UNDERGROUNDING OF UTILITIES - REQUEST FOR TEMPORARY EXEMPTION - SIMA PROJECT - MILL AND "G" STREETS - IRVING CHASE, S & A PROPERTIES In a letter dated August 5, 1987, Irving M. Chase of SIMA Partnership Number One - Project Two, requested a temporary exemption from the City's requirement of under- grounding utilities, and proposed the formation of an assessment district, of which he would join, for his project located at Mill and "G" Streets, San Bernardino, California. (29) He stated that it was SIMA's understanding that the undergrounding of utilities would not be required on this project, as Southern California Edison had requested funds to relocate existing power poles, rather than underground- ing. Southern California Edison has since notified SIMA that the cost of undergrounding utilities on the project would be $413,000, which would make the project finan- cially unfeasible. In a memorandum dated August 10, 1987, Roger Hard- grave, City Engineer, provided a history surrounding the SIMA project, and recommended that the appeal be referred to the Legislative Review Committee for consideration, with an urgency clause because the buildings are nearing completion and will soon be requiring Certificates of Occupancy. Russ Mullins of Brown and Mullins Civil Engineering, 2150 N. Arrowhead Avenue, San Bernardino, California, stated he felt he had a verbal arrangement with the City, which did not require the undergrounding of utilities on the SIMA project. Roger Hardgrave, City Engineer, stated that he had no such agreement with any party concerning the waiving of the requirement of undergrounding utilities on the SIMA proj ecL Russ Mullins, Civil Engineer, stated that SIMA was under the impression that the undergrounding of utilities would not be required due to the Central City Study Group's decision to realign "G" Street. Roger Hardgrave, City Engineer, stated that he re- membered the meeting during which the realignment of "G" Street was discussed, but that the subject of underground- ing utilities was not a topic of conversation at the meet- ing. Council Member Minor made a motion, seconded by Coun- cil Member Flores, that the appeal from SIMA be denied. Alternate methods of handling the undergrounding of utilities requirements were discussed. Russ Mullins, Civil Engineer, stated that when im- provements were specified for "G" Street as initiated by the City, it was agreed that the City should bear the costs. John Hoeger, Redevelopment Agency Development Specialist, stated that the undergrounding of utilities was required in the original parcel map, which is a pro- vision that could be waived. 15 9/8/87 James Penman, City Attorney, stated that the require- ments for undergrounding were on the original parcel map, that initial standard requirements required undergrounding of utilities, and that there is a resolution governing the undergrounding of utilities which does not provide for any exemptions. A resolution adopted in June, 1987, does provide for certain exceptions. Previous Council action has allowed for the bonding of the requirements for the undergrounding of utilities, and if an assessment district were not formed, the bond would be forfeited toward the undergrounding expense. Russ MUllins, Civil Engineer, stated that the plans for the project were approved, with the relocation of the utility poles, not undergrounding. Irving Chase, a partner with SIMA, stated that no unwritten agreements were made with the Mayor. The SIMA project was requested to stop for thirty to sixty days so that the Central City South Study could be made. The delay was more than a year. SIMA was given the impression at all times that an assessment district would be formed for improvements. City Attorney Penman recommended that any action taken on this matter be consistent with other requests for the waiving of the undergrounding of utilities require- men ts. The cost of bonding the SIMA project was discussed. City Engineer Hardgrave answered questions regarding the City's responsibility in up-fronting the cost of un- dergrounding the utilities if a bond is posted by SIMA. Mike Wimbush, a partner with SIMA, stated that over- head costs are already high and that the $413,000 to un- derground the utilities would not be feasible for the project. Irving Chase, a partner with SIMA, stated that the project is personally guaranteed by the partners, and the matter needs to be resolved immediately in order to finish the project and resolve the requirements of the lender. City Attorney Penman stated that the resolution re- quiring the undergrounding of utilities could be repealed. John Hoeger, Redevelopment Agency Development Specialist, stated that when he met with ex-Planning Director Schuma and City Engineer Hardgrave concerning the SIMA project, the undergrounding of utilities was re- quired. He further stated that he did not know that SIMA had an agreement with Southern California Edison, and that they were under the belief that the poles would be re- located. SIMA is purchasing their land from the Rede- velopment Agency at a reduced rate for the cost of re- aligning "G" Street. City Attorney Penman answered questions regarding the development of an assessment district. City Engineer Hardgrave answered questions regarding the formation of an assessment district over the Central City South area or just the SIMA project area. 16 9/8/87 --I council Member Estrada made a substitute motion, seconded by Council Member Pope-Ludlam, that authorization be granted for the issuance of a Certificate of Occupancy for SIMA upon their posting of a performance bond in the amount of $413,000 for undergrounding utilities, pending the formation of an assessment district for Central City South. (This action was rescinded later in the meeting - See Page 19) The motion carried Council Members Estrada, Miller. Noes: Council None. by the Reilly, Members following vote: Ayes: Maudsley, Pope-Ludlam, Flores, Minor. Absent: MAYOR WILCOX EXCUSED At 12:45 p.m., Mayor wilcox left the Council Meeting and Council Member Jack Reilly took her place as Mayor Pro Tempore. City Attorney Penman stated that it should be under- stood by SIMA that the bond would suffice until such time as it is determined that an assessment district will not be established or will not be enough to cover the under- grounding costs. Russ Brown, Civil Engineer, spoke regarding a time frame for the bond, landscaping nodes, the relocation of the water mains and electrical work being included. RECESS MEETING - LUNCHEON WORKSHOP - TRANSPORTATION 1/2 CENT SALES TAX - REVIEW OF STREETS - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM At 12:45 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to a luncheon workshop concerning a proposed Transportation 1/2 Cent Sales Tax and a review of streets to be considered for the five-year Capital Improvement Program. LUNCHEON WORKSHOP - TRANSPORTATION 1/2 CENT SALES TAX - REVIEW OF STREETS - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM At 1: 14 p.m., the Luncheon Workshop concerning a proposed Transportation 1/2 Cent Sales Tax, and a review of streets for the five-year Capital Improvement Program, was called to order by Mayor Pro Tempore Reilly, in the Management Information Center (MIC Room), Sixth Floor of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. (41 & 85) ROLL CALL Roll Call was taken by Deputy City Clerk South with the fOllowing being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Clerk South, City Admini- strator Schweitzer. Absent: City Attorney Penman. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO URGING APPROVAL FOR MEASURE A, A COUNTYWIDE TRANSPORTATION IMPROVEMENT PROGRAM. (41) In a memorandum dated August 25, 1987, Council Member Estrada reviewed the previous meeting of the Ways and Means Committee concerning a list of streets presented to SANBAG by City Engineer Hardgrave, itemizing local streets to receive improvements by the passage of the proposed 1/2 cent Transportation Tax. 17 9/8/87 The list was proposed to show voters on the ballot which local streets would be improved by the passage of the tax. The streets listed would be those that abso- lutely need improvement within the first five years of the tax in order to maintain credibility with the voting pub- lic. Another list of streets was provided by Manuel Moreno, Jr., Superintendent of Public Services. City Engineer Hardgrave and Superintendent of Public Services Moreno had not been able to correlate their proposed lists of streets. Wes McDaniel of SANBAG answered questions regarding the use of the list of streets on the ballot. Roger Hardgrave, City Engineer, answered questions concerning the list of streets being broken down into a five-year plan for improvements. The list of streets was reviewed by Roger Hardgrave, City Engineer; Manuel Moreno, Jr., Superintendent of Pub- lic Services; and Sandy Lowder, Assistant Director of the Redevelopment Agency, in order to make the best use of the monies available for improvements. The importance of following through with the proposed list of improvements in order to maintain credibility with the voting public was discussed, along with the need for a rapid transit system. The need for a resolution in support of a five-year street improvement program thirty days before the elec- tion, was discussed. The projected revenue from the 1/2 Cent Transpor- tation Tax was discussed. A time frame concerning the three types of street improvements - local streets, major arterials and state highways - was discussed, so that constituents would see improvements and support the program, and the advantage of having maps showing the improvement areas. Sandy Lowder, Assistant Director of the Redevelopment Agency, stated that some of the listed streets are within five Redevelopment Project areas. Kendall Drive, Mt. Vernon Avenue Bridge, Palm Avenue and Hospitality Lane were identified as areas that should be included on the list for improvement. The three department heads of Public Works, Public Services and the Redevelopment Agency, agreed to meet and submit a joint list so that action could be taken upon the resolution later in the meeting. (See Page 23) RECESS MEETING Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess until 2:00 p.m., at which time the Regular Meeting of the Mayor and Common Council of the City of San Bernardino would reconvene in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2: 11 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. 18 9/8/87 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 Ad- ministrator Schweitzer. Absent: None. APPEAL HEARING - UNOERGROUNOING OF UTILITIES _ TEMPORARY EXEMPTION - 455 S. "0" STREET - LIONEL S. HELLER In a letter dated August 11, 1987, Lionel S. Heller, developer, requested an exemption from undergrounding electrical utilities on a project located at 455 S. "0" Street, San Bernardino, California, and that an assessment district be formed for the undergrounding of overhead electrical and telephone lines along "0" Street. (30) In a memorandum dated August 12, 1987, Roger Hard- grave, City Engineer, stated that the frontage of the development will be 296 feet. Lionel Heller, developer, requested that the Council consider the formation of an assessment district so that all property owners in the area would participate in fund- ing the undergrounding of utilities, and stated that he is willing to make the committment to participate in the assessment district. The estimate of costs for the under- grounding is $20,000.00. He stated that he was not aware of the undergrounding of utilities requirement before this time. Roger Hardgrave, City Engineer, answered questions regarding the possibility of forming an assessment dis- trict in the area. Lionel Heller, developer, requested the opportunity to pay the fees on an installment plan. Stephen Gray, 12168 Mt. Vernon #48, Grand Terrace, stated that he also has a project in the area of Mr. Hel- ler's project, and that he is not against the underground- ing of utilities, but an alternate way to have it done is needed. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the matter concerning the undergrounding of utilities be re- ferred to the next Legislative Review Committee meeting to be held at 1:30 p.m., September 10, 1987, and corne back to the Mayor and Common Council at the Regular Meeting to be held 10:00 a.m., September 21, 1987, in the Council Cham- bers, City Hall, 300 North "0" Street, San Bernardino, California. RECONSIDERATION OF APPEAL FROM EARLIER IN MEETING - UNOERGROUNOING OF UTILITIES - TEMPORARY EXEMPTION - SIMA PROJECT - MILL AND "G" STREETS _ IRVING CHASE, S & A PROPERTIES Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the action taken earlier in the meeting regarding the appeal of Irving Chase, S & A Properties, concerning a temporary exemption from the undergrounding of utilities for the SIMA Project at Mill and "G" Streets, San Bernardino, California, be reconsidered. (See Page 17) (29) 19 9/8/87 City Clerk Clark recounted the previous Council action, stating that authority was granted for a Certi- ficate of Occupancy for SIMA upon their posting of a per- formance bond, pending the formation of an assessment district for Central City South. James Penman, City Attorney, stated that the duration of the performance should be two years. At the end of two years, if an assessment district is not formed, SIMA will be responsible for undergrounding the utilities. Russ Mullins, Civil Engineer with Brown and MUllins, stated that it is his understanding that the underground- ing requirement was waived until the assessment district is formed. If an assessment district is not formed, the responsibility for the undergrounding costs goes to the City. The two-year period is to set a time when SIMA will be relieved of the 1% payment for the bond. He further stated that the water main was not con- sidered in the original plan for the SIMA Project. The decision to realign "G" Street constituted the need for the new water main. The possibility of having SIMA bond the project until an assessment district is formed or SIMA fronts the capi- tal to underground the utilities was discussed. Russ Mullins, Civil Engineer, questioned the need for a performance bond, as the City has a method to guarantee that SIMA participates in the assessment district. SIMA will pay to relocate the overhead electrical lines and if an assessment district is formed and the law states that undergrounding is permissible, then SIMA will pay its fair share. City Attorney Penman answered questions regarding the need for a performance bond, stating that it is not known if an assessment district will be formed or if it will generate enough funds to pay for the undergrounding of the utilities. He provided several options of resolving the undergrounding of utilities issue. Ray Schweitzer, City Administrator, answered ques- tions regarding the payment of a promissory note. Council Member Minor made a motion, seconded by Coun- cil Member Pope-Ludlam and unanimously carried, that the issue of undergrounding the utilities for the SIMA Project at Mill and "G" Streets, be referred to the Legislative Review Committee, and continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino at 10:00 a.m., September 21, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. APPEAL - PLANNING COMMISSION'S DECISION - APPROVAL OF CONDITIONAL USE PERMIT 87-27 - UNDERGROUNDING OF UTILITIES - ROY F. KROLL & ASSOCIATES, INC. - NINTH STREET, NEAR TIPPECANOE - CONTINUED FROM AUGUST 3, 1987 In a memorandum dated July 14, 1987, Ann Siracusa, Planning Director, provided a Summary, Observations, Find- ings of Fact, Conditions, Standard Requirements, Environ- mental Impact Checklist and maps concerning Conditional Use Permit 87-27 requested by Lindsay Barto, owner, in order to construct the second phase of a recreational vehicle park on property located on the north side of Ninth Street, approximately 992 feet west of the center- line of Tippecanoe Avenue. (89) 20 9/8/87 The Planning Commission approved the conditional use permit subject to conditions and standard requirements of the City. Standard Condition No. 10 states that all utility lines shall be installed underground subject to exceptions approved by the Planning Department and City Engineer. Mayor wilcox opened the hearing. Roy Kroll, developer of the second phase of the rec- reational vehicle park, stated that the undergrounding of utilities was waived on Phase I of the project. Phase II is smaller, and on an irregularly shaped piece of land. The financial burden of undergrounding utilities would preclude the development of the project. Roger Hardgrave, City Engineer, answered questions regarding site and the difficulty of undergrounding utili- ties. Council Member Reilly made a motion, seconded by Council Member Miller, that the hearing be closed; that the matter concerning the undergrounding of utilities on Ninth Street, west of Tippecanoe Avenue, be referred to the Legislative Review Committee for their review Septem- ber 10, 1987, for a report back to the Mayor and Common Council on September 21, 1987, at 10:00 a.m., at their Regular Meeting to be held in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Noes: None. Absent: None. Abstain: Council Member Estrada. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT 87-36 - OFF-SITE SALE OF ALCOHOL - HIGHLAND AVENUE AND "E" STREET - HOPKINS DEVELOPMENT COMPANY In a memorandum dated August 26, 1987, Ann Siracusa, Planning Director, provided a Summary, Observations, Find- ings of Fact, Conditions, Standard Requirements, Environ- mental Impact Checklist, maps, a report from the Chief of Police regarding the appeal filed by Hopkins Development of the Planning Commission's denial of Conditional Use Permit 87-36, Highland Associates, applicant, for the off-site sale of alcoholic beverages within a proposed shopping center at Highland Avenue and "E" Street. (90) Mayor Wilcox opened the hearing. Dave LeMons of the Hopkins Development Company, 13 Corporate Plaza, Suite 200, Newport Beach, California, stated his willingness to cooperate with any regulations in order to have a convenience store in the proposed shop- ping center. Problems regarding drug trafficking, shoplifting, and students skipping school in the area were discussed. Mike Lewis, Captain on the Police Department, pre- sented a map of the area surrounding the proposed shopping center, depicting the number and location of liquor and convenience stores in the neighborhood, and answered ques- tions regarding the crime statistics and student activity problems in the area. 21 9/8/87 Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the hearing be closed, and the decision of the Planning Com- mission be affirmed, thereby denying Conditional Use Per- mit 87-36. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. NEGATIVE DECLARATION - STORM DRAIN - FINDING OF GENERAL PLAN CONSISTENCY - PUBLIC WORKS PROJECT 87-9 - KENDALL DRIVE, BETWEEN PINE AVENUE AND DEVIL'S CANYON FLOOD CONTROL CHANNEL In a memorandum dated August 18, 1987, Mike Norton, Planner, provided information regarding Public Works Pro- ject 87-9, the installation of a storm drain, catch basins and manholes on Kendall Drive between Pine Avenue and Devil's Canyon Flood Control Channel. (91) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Negative Declaration for Public Works Project 87-9, 36" RCP, catch basins and manholes on Kendall Drive between pine Avenue and Devil's Canyon Flood Channel, be adopted; and that a Finding of Consistency with the General Plan be adopted. TRAFFIC SIGNAL INSTALLATION - UNIVERSITY PARKWAY AND COLLEGE AVENUE - FINDINGS OF CONSISTENCY WITH GENERAL PLAN In a memorandum dated August 18, 1987, Ann Siracusa, Planning Director, provided an Environmental Impact Check- list and information regarding the installation of traffic signals at the intersection of University Parkway and College Avenue. (92) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a Finding of Consistency with the General Plan, i.e., the Verdemont Area Plan, be adopted; and that a Finding of Exemption from CEQA be adopted. RECESS MEETING - CLOSED SESSION Council Member Estrada made a motion, seconded by Council Member Reilly, that the meeting recess to a Closed Session pursuant to Government Code Section 54956.9 (a) to confer with its attorneys regarding pending litigation, which has been initiated formally and to which the Rede- velopment Commission is a party. (RS-l) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Noes: None. Absent: None. Abstain: Council Member Pope-Ludlam. The title of the litigation is Operation Second Chance, U. S. Bankruptcy Court, Central District of Cali- fornia, Case No. 86-02889-DN; and in the matter of Rede- vel~ment Agency of the~l!Y of San Bernardino versus Operation Second Chance, Civil Case No. 87-2124. CLOSED SESSION At 3:32 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, California. 22 9/8/87 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Ad- ministrator Schweitzer. Absent: Council Member Pope- Ludlam; City Clerk Clark. Also present: Bill Simon, Special Counsel; Charles Green, Special Counsel; Richard Bennecke, Executive Assistant to the Mayor; Sandy Lowder, Assistant Director of the Redevelopment Agency. ADJOURN CLOSED SESSION At 4:25 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4: 25 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino 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 Est- rada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mil- ler; City Attorney Penman, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. TRANSPORTATION 1/2 CENT SALES TAX - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the Transportation 1/2 Cent Sales Tax to sup- port the Five-Year Capital Improvement Program. (See Page 18) (85) RES. 87-286 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO URGING APPROVAL FOR MEASURE A, A COUNTYWIDE TRANSPORTATION IMPROVEMENT PROGRAM. (41) City Clerk Clark read the title of the resolution. Wes McDaniel of SANBAG answered questions regarding the adoption of the Transportation Improvement Program, which would be a five-year program. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. Resolution No. 87-286 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the original list of street names presented at the luncheon workshop and the subsequent additional list, be approved. 23 9/8/87 REQUEST FOR PROPOSALS - CONSULTANT - ECONOMIC STATUS OF MOBILE HOME PARK TENANTS In a memorandum dated September 2, 1987, Ken Hender- son, Director of Community Development, stated that the Mobile Home Park Ad Hoc Committee recommends that a Re- quest for Proposals (RFP) be developed and issued by staff for a consultant to determine the scope of the mobile home park tenants placed in economically disadvantageous posi- tions due to increased rents. (S-7) The committee further recommended that a Memorandum of Agreement (MOU), to show good faith, be entered into between the City, tenants and park owners that would roll back rents to those in effect as of June 30, 1987, for the time it takes to complete and analyze the study. If the MOU could not be executed in a timely manner, the commit- tee chairman recommends that a rent moratorium be imple- mented immediately. The staffing needs, resources and budget for media- tion through a Rent Review Board and enforcement were also addressed in Mr. Henderson's memorandum of September 2, 1987. He recommended that hard data be collected in order to determine whether hardship cases presented by tenants and owners supports or obviates the need for a rent mora- torium/rent ordinance. ORDINANCE OF THE CITY OF SAN BERNARDINO PRO- VIDING 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 URGENCY THEREOF. (Continued from August 17, 1987) (Final) (93) Ken Henderson, Director of Community Development, answered questions regarding the Community Development Department providing staff for a Rent Review Board and enforcement of the proposed ordinance. He stated that he could not recommend a rent mora- torium being imposed without a study being done. The number of mobile home spaces governed by long-term space agreements would not be under the influence of the ordi- nance. A Memorandum of Agreement was not received from the mobile home park owners by the City. It should have been submitted in writing before the meeting of the Mayor and Common Council. Clay Hage, Regional Director for Local Government and Community Relations, Western Mobilehome Association, stated that voluntarily suspending rent increases provides unequal distribution of the Memorandum of Agreement as there are 12 different anniversary dates for mobile home tenants at which time their rent could be increased. He stated that mobile home park owners are willing to cooperate with an alternative to the rent control ordi- nance. The City of Yucaipa uses Mobile Home Housing Solutions, Inc., a non-profit organization of which he is a director, and it provides rent subsidy funding. His survey regarding rent control in mobile home parks con- cluded that cities with rent control usually have higher rents. Marie Teeters, Chairman of the Mobile Home Housing Solutions, Inc., stated that her organization investigates the underlying reasons for dissatisfaction of mobile home tenants. 24 9/8/87 Letters have been received from mobile home park tenants to justify the urgency of the rent moratorium. Harold Spencer, a resident of Sequoia Plaza Mobile Home Park Community, spoke regarding his meeting with the owner of the park, William Meechum. James Penman, City Attorney, answered questions re- garding the basis for the deadline date of the proposed ordinance. Ken Henderson, Director of Community Development, spoke regarding the City's staff responsibilities if the ordinance were enacted. Mayor Wilcox asked that speakers from the audience hold their comments to new information not discussed pre- viously at the public hearing. Sally Wilder, a resident of Park, 2744 W. Rialto Ave., San spoke regarding the need for decent rent agreement. Mediterranean Mobile Home Bernardino, California, a rent commission for a Paul Beals, President of the San Bernardino Board of Realtors, 2779 E. 29th Street, San Bernardino, California, spoke against rent control or a rent moratorium, and urged that rent control be placed on a ballot for election. Betty Chute, President of the Tenants Association of Rancho Meridian Mobile Home Park, spoke in favor of the three-month moratorium. Richard Dunce, owner of the Glen Aire Mobile Estates, stated that he had voluntarily held back on a rent in- crease in his park. He questioned how many letters sup- porting rent control had been received by Council Member Flores, Chairman of the Mobile Home Park Ad Hoc Committee. He stated that mobile home park property values would decline if rent control were imposed. Bruce Thompson, President of the Golden State Mobile Home Owners League, spoke against the proposed rent con- trol ordinance, stating that any rent increases are justi- fied, not arbitrary. Joseph Korda, 4035 Country Club Drive, Long Beach, majority owner of the Acacia Village Mobile Home Park, spoke regarding his $25,000 investment and improvement costs to the mobile home park, and the 6% rent increase amounting to $18,000 he has imposed over the past two years. Mr. Wales, 190 N. Meridian, Space 14, owner of the Second and Meridian Mobile Home Park, spoke against rent control in the City. He described costs he has incurred and not recouped after a settlement agreement between himself, the City and the Southern Pacific Railroad, for damages to his property. City Attorney Penman requested information regarding the settlement agreement. Luther Fair, from Sequoia Plaza Mobile Home Park Community, spoke regarding the rent increases. Bill Hanks, J & H Property Management, Sequoia Plaza Mobile Home Park Community, addressed many of the concerns of his tenants, and objected to a rent moratorium. 25 9/8/87 Ken Henderson, Director of Community Development, spoke regarding the effects of a Memorandum of Understand- ing and a rent moratorium imposed by the Council. Clay Hage, Regional Director for Local Government and Community Relations, stated that he had had a caucus with ten mobile home park owners who are willing to sign a voluntary moratorium and seven park owners are already on long-term lease. He will do his best to get the remaining mobile home park owners to agree to a voluntary morator- ium. ORDINANCE OF THE CITY OF SAN BERNARDINO PRO- FINAL VIDING 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 URGENCY THEREOF. (93) City Clerk Clark read the title of the ordinance. Council Member Flores made a motion, Council Member Minor and unanimously carried, reading of the ordinance be waived. seconded by that further Council Member Flores made a motion, seconded by Council Member Minor, that the ordinance be amended so that the moratorium will end 90 days hence. (The ordi- nance will expire December 9, 1987) The motion Council Members Estrada, Reilly, None. failed by the following vote: Flores, Minor. Noes: Council Maudsley, Pope-Ludlam, Miller. Ayes: Members Absent: Council Member Maudsley made a motion, seconded by Council Member Estrada, that staff be authori zed and directed to prepare a Request for Proposals for the pur- pose of retaining a consultant to survey the economic status of each tenant of every mobile home park located within the corporate boundaries of the City; that the development of a Memorandum of Understanding between and among the City, mobile home park owners and tenants, whereby the owners agree to voluntarily maintain rents at rates in effect as of June 30, 1987, until a survey is completed, properly analyzed and ready to be considered by the Mayor and Common Council, be authorized; that the ordinance providing that rents for mobile home sites shall not exceed those in effect on July 1, 1987, and temporar- ily prohibiting rental increases therefor, be placed on the Agenda of September 21, 1987, at 3:00 p.m. The motion Council Members Miller. Noes: None. carried by the following vote: Ayes: Estrada, Maudsley, Minor, Pope-Ludlam, Council Members Reilly, Flores. Absent: RECESS MEETING - CLOSED SESSION Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the meeting recess to a Closed Session pursuant to Government Code Section 54957, to discuss personnel matters. (87) The motion Council Members Ludlam, Miller. None. carried by the following vote: Ayes: Estrada, Reilly, Flores, Maudsley, Pope- Noes: Council Member Minor. Absent: 26 9/8/87 CLOSED SESSION Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, 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. Also present were: Richard Assistant to the Mayor; Phil Arvizo, to the Counc i l. Bennecke, Executive Executive Assistant ADJOURN CLOSED SESSION At 7:35 p.m., the Closed Session adjourned to the Regular Meeting 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. 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 Clerk Clark, City Administrator Schweitzer. Absent: None. RES. 87-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BOYS' CLUB OF SAN BERNAR- DINO, INC., RELATING TO THE SPONSORING OF A THEATRICAL PRODUCTION. (S-5) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that the resolution be amended by interdelineation by striking "dance" and inserting "theatrical production", and that said resolution be adopted as amended. Resolution No. 87-287 was adopted by the following vote: Ayes: Council members Estrada, Reilly, Pope-Lud- lam, Miller. Noes: Council Members Flores, Maudsley, Minor. Absent: None. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 87-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULE OF FEES FOR USE OF PERRIS HILL PISTOL RANGE, SAN BERNARDINO, CALIFORNIA; AND REPEALING RESOLU- TION NO. 82-202. (31) 27 9/8/87 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-288 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (32) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-289 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-290 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH SANDRA G. DALY FOR THE PROVI- SION OF CONSULTING SERVICES TO THE DATA PRO- CESSING DIVISION OF THE CITY OF SAN BERNAR- DINO. (33) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-290 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MC DONNELL DOUGLAS ARCHITEC- TURAL, ENGINEERING AND CONSTRUCTION SYSTEMS COMPANY FOR A COMPUTER-AIDED MAPPING AND DESIGN SYSTEM. (34) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-291 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (35) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. 28 9/8/87 Resolution No. 87-292 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION. (36) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-293 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Pope-Ludlam. by the following Reilly, Flores, Absent: None. RES. 87-294 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EPILEPSY SOCIETY OF SAN BERNARDINO COUNTY. (37) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-294 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Pope-Ludlam. by the following Reilly, Flores, Absent: None. RES. 87-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING. (38) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-295 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Pope-Ludlam. by the following Reilly, Flores, Absent: None. RES. 87-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTER FOR COMMUNITY COUN- SELING AND EDUCAT ION. (39) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-296 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Pope-Ludlam. by the following Reilly, Flores, Absent: None. RES. 87-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY AND INLAND HEAD INJURY SUPPORT GROUP. (40) 29 9/8/87 Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-297 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Pope-Ludlam. by the following Reilly, Flores, Absent: None. RES. 87-298 - RESOLUTION OF THE COMMON COUN- CIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SIGNING BY THE MAYOR OF A CONTRACT FOR NOISE ASSESSMENT SERVICES. (J. J. Van Houten & Associates, Inc. for Fiscalini Field) (42) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-298 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CER- TAIN RECORDS BY THE CITY CLERKS'S OFFICE. (43) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-299 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA CONSERVATION CORPS., STATE OF CALIFORNIA, TO PROVIDE WORK OPPORTUNITIES, JOB SKILLS, TRAINING AND PRO- JECTS IN PUBLIC SERVICE CONSERVATION FOR THE BENEFIT OF THE C.C.C. AND THE CITY. (45) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-300 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO THE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RE- LATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADS TART CENTER, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE-YEAR PERIOD AND INCREASE THE STUDENT LUNCHES TO EIGHTY- FIVE CENTS EACH. (47) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. 30 9/8/87 Resolution No. 87-301 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COST OF THE ABATEMENT OF A PUBLIC NUISANCE. (570 W. NINTH ST., 985 W. 11TH ST., 841 N. ARROWHEAD AVE., 3868 N. ELECTRIC AVE., 1039 N. "H" ST., 1091 W. MAG- NOLIA, 819 E. SANTA FE, 829 W. SPRUCE ST.) (44) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be amended by deleting the lien being imposed on 829 W. Spruce St., and that said resolution be adopted as amended, and that City Clerk Clark provide a history of the lien. Resolution No. 87-302 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH CALI- FORNIA STATE UNIVERSITY, SAN BERNARDINO, FOR A STUDENT INTERN PROGRAM. (46) Ray Schweitzer, City Administrator, answered ques- tions regarding the student interns. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-303 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FLORIAN MARTINEZ ASSOCIATES RELATING TO LANDSCAPE ARCHITECTURAL SERVICES FOR THE PHASE lB AREA OF SECCOMBE LAKE STATE PARK. (48) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-304 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 EN- TITLED IN PART "A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION PLAN..." FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO. (49) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. 31 9/8/87 Resolution No. 87-305 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-306 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION. ..ESTABLISHING A BASIC COMPENSATION PLAN..." BY PROVIDING A PAY INCREASE FOR THE CLASSES OF FIRE FIGHTER TRAINEE AND LAW ENFORCEMENT TRAINEE EFFECTIVE AUGUST 1, 1987. (50) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-306 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; TO IMPLEMENT SALARIES AS NEGOTIATED WITH THE MIDDLE MAN- AGEMENT UNIT, EFFECTIVE AUGUST 31, 1987. (51) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-307 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; IMPLEMENTING THE CONFIDENTIAL SALARY STUDY RECOMMENDATIONS RETROACTIVE TO JULY 6, 1987, AND IMPLEMENTING A 4% SALARY ADJUSTMENT EFFECTIVE JANUARY 4, 1988. (52) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-308 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; IMPLEMENTING THE MANAGEMENT SALARY STUDY RECOMMENDATIONS RETROACTIVE TO JULY 6, 1987, AND IMPLEMENTING A 4% SALARY ADJUSTMENT EFFECTIVE JANUARY 4, 1988. (53) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. 32 9/8/87 Resolution No. 87-309 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOSEPH E. BONADIMAN AND ASSOCIATES RELATING TO THE DESIGN OF DIP CROSSING AT 48TH STREET AT DEVIL'S CREEK DIVERSION CHANNEL. (54) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-310 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RANDY H. WYATT FOR REMOVAL OF STAIRS AND CLOSING IN OPENING ON THIRD FLOOR OF CITY HALL. (55) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-311 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DBX, INC. FOR INSTALLATION OF STREET LIGHTS ON MT. VER- NON AVENUE, FROM NINTH STREET TO TWENTY-FIRST STREET. (56) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-312 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-313 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR SEWER AND DRAINAGE EASE- MENT SOUTH OF CHRISTINE STREET, EAST OF PINE AVENUE. (57) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-313 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 33 9/8/87 RES. 87-314 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF UTILITIES AGREE- MENT NO. 8384 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (58) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-314 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ARROW POWER SWEEPING SERVICES FOR CENTRAL CITY MALL SUR- FACE PARKING SPACES AND THREE-LEVEL PARKING STRUCTURE. (59) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-315 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DBX INCOR- PORATED FOR INSTALLATION OF STREET LIGHTS ON WATERMAN AVENUE, FROM CENTRAL AVENUE TO MILL STREET. (60) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-316 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-317 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE MATICH CORPORATION FOR THE IMPROVEMENT OF PATTON PARK SOUTH, PHASE III, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (61) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted, and that the transfer of $236,000.00 from Account No. 243-363-57528, "Patton Park North, Phase I, to Account No. 243-363-57623, "Patton Park South, Phase III, be approved. Resolution No. 87-317 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 34 9/8/87 RES. 87-318 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC HEARING CONCERNING THE FORMATION OF AN UNDERGROUND DISTRICT NO. 16, LOCATED BETWEEN NINTH STREET AND A LINE APPROXIMATELY TWO HUNDRED FEET NORTH OF THE NORTH LINE OF SIXTEENTH STREET, AND A LINE APPROXIMATELY 250 FEET EAST AND WEST OF MT. VERNON AVENUE. (62) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be amended on Line 21 to read "October 5, 1987; that said resolution be adopted as amended, and that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the establishment of Under- ground Utility District No. 16, located generally between Ninth Street and a line 200 feet north of 16th Street and between a line that is 250 feet east and west of Mt. Ver- non Avenue. Resolution No. 87-318 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE HOME OF NEIGHBORLY SERVICE RELATING TO CERTAIN STRUCTURES SITUATED AT 839 NORTH MT. VERNON AVENUE. (63) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-319 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AND AGREEMENT WITH THE PRESBYTERIAN CHURCH (U.S.A.), PRESBYTERY OF RIVERSIDE, AND THE HOME OF NEIGHBORLY SERVICE FOR CERTAIN PROPERTY LOCATED GENERALLY EAST OF THE DAY CARE CENTER ON UNION STREET, EAST OF MT. VERNON AVENUE, SITUATED SOUTH OF UNION AND WEST OF NINTH STREET FOR PARK AND RECREA- TIONAL PURPOSES. (64) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-320 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985, ENTITLED IN PART "A RESOLUTION...PROHIBITING PARKING UPON CERTAIN DESIGNATED STREET OR PORTIONS THEREOF..." TO ESTABLISH A NO PARK- ING ZONE ON THE WEST SIDE OF HERRINGTON AVE- NUE BETWEEN A POINT 110 FEET SOUTH OF CURB- LINE OF TWENTY-FIRST STREET AND A POINT 90 FEET SOUTHERLY THEREOF. (65) 35 9/8/87 Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-321 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-322 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A QUIT-CLAIM DEED FOR THAT CERTAIN REAL PRO- PERTY LOCATED AT THE NORTHWEST CORNER OF SEVENTH STREET AND WATERMAN AVENUE IN THE CITY OF SAN BERNARDINO. (66) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-322 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 EN- TITLED IN PART "A RESOLUTION...DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED..."; AND AUTHORIZING THE INSTALLA- TION OF A STOP SIGN ON GRAND AVENUE AT COLLEGE AVENUE. (67) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-323 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO REJECTING ALL BIDS FOR THE OPERA- TION OF A CONCESSION FACILITY AT SECCOMBE LAKE AND AUTHORIZING RE-BID. (68) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-324 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO MISSION CHEV- ROLET CO. FOR THE FURNISHING AND DELIVERY OF ONE EACH - ONE TON FLAT BED TRUCK WITH HY- DRAULIC DUMP TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-87-46. (69) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. 36 9/8/87 Resolution No. 87-325 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO DE ANZA CHEV- ROLET FOR THE FURNISHING AND DELIVERY OF ONE 3/4 TON PICK-UP WITH UTILITY BODY TO BE UTILIZED BY THE PUBLIC WORKS/TRAFFIC DEPART- MENT IN ACCORDANCE WITH BID SPECIFICATION F-87-47. (70) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-326 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO PRC/PUBLIC MAN- AGEMENT SERVICE INC. FOR THE FURNISHING AND DELIVERY OF COMMUNICATION SERVERS (MULTI- PLEXERS) TO BE UTILIZED BY THE DATA PROCESS- ING DEPARTMENT IN ACCORDANCE WITH BID SPECI- FICATION F-88-01. (71) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-327 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE SOLID WASTE ASSESSMENT TEST. (Site east of Waterman Avenue, North of 1-10) (72) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-328 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHO- RIZE THE DIRECTOR OF BUILDING AND SAFETY AND CODE COMPLIANCE OFFICERS TO ISSUE NOTICES TO APPEAR FOR VIOLATION OF THE SAN BERNARDINO MUNICIPAL CODE AND ALL OTHER CODES INCOR- PORATED THEREIN BY REFERENCE. (Continued from August 17,1987) (73) City Clerk Clark read the title of the ordinance. 37 9/8/87 Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived and that said ordinance be laid over for final reading. ORD I NANCE OF THE CITY OF SAN BERNARD I NO FIRST AMENDING SECTION 15.28.140 TO PROVIDE CRIMI- NAL PENALTIES FOR REMOVAL OF "DANGER" SIGNS. (74) City Clerk Clark read the title of the ordinance. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived and that said ordinance be laid over for final reading. ORDINANCE OF THE CITY OF SAN BERNARDINO ADD- FIRST ING SECTION 3.04.110 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT. (75) City Clerk Clark read the title of the ordinance. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived and that said ordinance be laid over for final reading. GENERAL REPORTS AND CORRESPONDENCE Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the fOllowing Board of Building Commissioners' resolutions be filed: (76) BBC 1173 BBC 11 74 BBC 1175 BBC 11 76 BBC 11 77 BBC 1178 BBC 1179 BBC 1180 BBC 1181 BBC 1182 BBC 1183 James G. O'Connor Ruffen B. Kirkland Alfonso L. Fernandez Valerie Pope-Ludlam Art Parlas James C. Hinojosa UIF Investors, Ltd. Lomas & Nettleton Co. Warnest Bennett Sko-Fed Mortgage Corp. Michael S. Kirkpatrick 1072 N. "G" St. 819 E. Santa Fe 841 N. Arrowhead 2061 W. 17th St. 938 N. "G" St. 728 N. Mt. Vernon 829 W. Spruce St. 730 N. "G" St. 1002 S. Washington 1367 W. Tenth St. 2576 Kendall Dr. NEGATIVE DECLARATION - FINDING OF GENERAL PLAN CONSISTENCY - PUBLIC WORKS PROJECT 87-7 - VACATION OF STATE STREET NORTH OF SHERIDAN ROAD - CONTINUED FROM AUGUST 17, 1987 In a memorandum dated August 6, 1987, Ann Siracusa, Director of Planning, stated that the Environmental Review Committee recommends the vacation of State Street, north of Sheridan Road, in order to provide a large landscaped area and parking area for a neighborhood commercial center located at the southeast corner of Kendall Drive and Uni- versity Parkway, and a Water Department pump facility. (See Previous Council Action - Agenda Item 19 - Page 6 ) (77) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the Negative Declaration for Public Works Project 87-7, vacation of a portion of State Street north of Sheridan Road, and a Finding of Consistency with the General Plan, be adopted. 38 9/8/87 UTILITY UNDERGROUNDING COSTS In a memorandum dated August 27, 1987, City Admini- strator Schweitzer provided information from the Finance Department regarding an Installment Plan and an Assessment District in relation to costs involved in undergrounding utilities. (78) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of an installment plan for utility undergrounding costs be referred to the Legislative Review Committee. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. STUBBLEFIELD PROJECT - CONDITIONAL USE PERMIT _ ENVIRONMENTAL IMPACT REPORT - LA PRAIX AND CITRUS AVENUES - REVIEW OF PLANS 86-51 In a memorandum dated August 25, 1987, James Penman, City Attorney, stated that in November, 1986, the Mayor and Common Council made findings that a focussed environ- mental impact report was required for the Stubblefield project, on 29 acres between La praix and Citrus Avenues. This matter is ready to be included on the Environmental Review Committee Agenda. (79) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Stubblefield project be referred to the Environmental Review Committee with instructions to the Planning Director that the developer be notified in writing of information he must supply and that he has 30 days in which to supply it. LEGISLATIVE REVIEW COMMITTEE MINUTES _ AUGUST 20, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, provided the minutes of the meeting of the Legislative Review Committee held August 20, 1987, at which time the following items were discussed: (80) 1. Amortization of Adult Uses Regulation -The Committee-recommende,riipproval of the section in the ordinance which was presented. 2. ~l!~dmini~~~!~~ep~~~-Rossible Alternatives to Functions of Risk Management Division - In the interest of time, the Com- mittee dIrected the City Administrator to go forward with the recruiting of a Risk Mana- ger. The Committee will ask the full Council to ratify this action on September 8th. The City Attorney will be included in the selec- tion and review process. The City Admini- strator and City Attorney will work together to review the Risk Manager's job description, reporting responsibilities and authority lines. This result and recommendations will be brought back to the Committee. 3. Police Automobile Policy - Continued. Purchasing-Agent-and-GaraieEquipment Super- intendent will attend the next meeting. 4. General Vehicle Usage Report -Continued. City Administrator will review the list and bring specific recommendations back to the Committee. 39 9/8/87 5. ~rol?.9.sed Development Procedure -Con- tinued. 6. Report Relative to Method of Collection and Legality of Adding a Penalty Charge When Abatement Cost is Placed on Tax Rolls -Con- tinued for further study. 7. Proposed Revisions to Municipal Code ~~uirement for Connection of Developments to City Sewer System - Continued for further review. 8. Closed Session Participation Policies -ContInued. City Attorney will review this further and provide a resolution for review by the committee. Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the minutes of the Legislative Review Committee held August 20, 1987, be received and filed. WAYS AND MEANS COMMITTEE MEETING MINUTES - AUGUST 24, 1987 Council Member Estrada, Chairman of the Ways and Means Committee, presented the minutes of the Ways and Means Committee Meeting held on August 24, 1987, at which time the following item was discussed: (81) 1. ,!,ran~ortation Sales Tax (1/2 Cent) Mea- sure Support - Item continued. The Committee recommended that a workshop be held with Engineering, Public Services, Planning and Redevelopment Agency at 12:00 Noon, September 8, 1987, in the MIC Room, for the purpose of reviewing the streets to be considered for the five-year Capital Improvement Program prior to action by the full Council. The Mayor and Council will be provided details of the workshop in a memo from the Committee. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways and Means Committee Meeting held August 24, 1987, be received and filed. MOBILE HOME PARK AD HOC COMMITTEE MEETING - AUGUST 25, 1987 Council Member Flores, Chairman of the Mobile Home Park Ad Hoc Committee, presented the minutes of the meet- ing of the Mobile Home Park Ad Hoc Committee meeting held August 25, 1987, at which time the following was dis- cussed: (82) The Committee received a very thorough briefing on the progress the County has made in all areas of the mobile home issue - rent control, housing needs, senior citizen needs and park purchases. Co un ty S uperv i sor Bar- bara Riordon's representative, Marie Teeters, has been closely working all the problems and a state-wide plan will be recommended momen- tarily. 40 9/8/87 Mr. Ken Henderson was asked to prepare a recommendation for the September 8th Council Meeting calling for a voluntary statement of cooperation from mobile home park owners. The owners would agree to hold rent raises in abeyance to allow time for the Committee to review the latest information in the Yucaipa Plan, survey tenants and owners, and analyze all information prior to making a recommen- dation to the full Council. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Mobile Home Park Committee Meeting held August 25, 1987, be received and filed. STURGES AUDITORIUM - GRANT ALLOCATION - FINE ARTS COMMISSION RECOMMENDATION In a memorandum dated August 18, 1987, Thelma Press, Cultural and International Affairs, provided an Organi- zation Grant Application Form regarding the request of the Sturges Foundation for $18,910.36 to employ a caretaker for the facility. (83) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter concerning the funding of Sturges Foundation be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held September 21, 1987; and that the City Attorney be authorized to go forward with the preparation of a resolution. LYNWOOD DRIVE, BETWEEN BELVEDERE AVENUE AND ROCKFORD DRIVE - RED CURB In a memorandum dated August 24, 1987, Roger Hard- grave, City Engineer, stated that a request has been re- ceived from Mr. and Mrs. Harwood, owners of property that backs up to Lynwood Drive, that a red curb currently on Lynwood Drive between Rockford to Victoria Avenues, be extended westerly to Belvedere, as there are parking prob- lems due to the bingo parlor in the area. (84) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the City Attorney be directed to prepare a resolution authori- zing the installation of a red curb on Lynwood Drive, from Belvedere Avenue to Rockford Avenue. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. FIELD LIGHTING - AYSO PARK - FINDING OF NEED FOR HEALTH AND SAFETY REASONS - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the installation of field lighting at the AYSO Park. (See Page 9 ) (13) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that a finding be made that the installation of field lighting at AYSO Park, in accordance with Plan No. 7099, is needed for health and safety reasons; that the plans for installation of field lighting at AYSO Park, in accordance with Plan No. 7099, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. 41 9/8/87 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. POLICE BUILDING AD HOC COMMITTEE MINUTES - AUGUST 14, 1987 Council Member Estrada, Chairwoman of the Police Building Ad Hoc Committee, presented the minutes of the meeting of the Police Building Ad Hoc Committee held August 14, 1987, at which time the following was dis- cussed: (S-l) 1. NEW POLICE FACILITY The Committee directed the Public Works Director to go forward with a Request for Proposal to six firms. The Police Building Ad Hoc Committee and Public Works, Police, Fire and the City Administrator's representative will review the proposals and recommend a consultant at the November 2nd Council Meeting. The Police Chief volunteered to arrange tours for Com- mittee members who wish to visit recently constructed police facilities. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Police Building Ad Hoc Committee held August 14, 1987, be received and filed. OUT-OF-STATE TRAVEL - SERGEANT EARNEST TULL - POLICE DEPARTMENT - WESTERN STATES VICE INVESTIGATORS ASSOCIATION, 12TH ANNUAL SEMINAR - HOUSTON, TEXAS - SEPTEMBER 20 - 24, 1987 In a memorandum dated September 2, 1987, Don Burnett, Chief of Police, requested authorization for Sergeant Earnest Tull to attend the Western States Vice Investi- gators Association 12th Annual Seminar in Houston, Texas, from September 20 - 24, 1987. (S-2) No action was taken on this item. STORM DRAIN - SMALL CANYON DRAINAGE - ATLANTIC TO HIGHLAND AVENUES - REQUEST FOR PARTICIPATION In a memorandum dated September 2, 1987, Roger Hard- grave, City Engineer, stated that Caltrans has offered to accept storm waters from Small Canyon in their drainage system for the Route 30 Freeway, which would require the installation of a 48" storm drain, with an estimated cost of $119,000. If this project is completed, a portion of the Master Plan Storm Drain along Highland Avenue can be deleted, saving the City considerably more than the cost of the 48" storm drain. (S-3) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the City's participation in the amount of $119,000 for in- stallation of a 48" storm drain, from Atlantic Avenue to Highland Avenue, to convey drainage from Small Canyon, be referred to the Ways and Means Committee for a recommen- dation. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 9.80.060 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO MAKE A VIOLATION OF CHAPTER 9.80 A MISDEMEANOR AND AMENDING SEC- TION 1.12.010 TO INCREASE THE PENALTY FOR A MISDEMEANOR COMMITTED WITHIN THE CITY'S JURISDICTION. (S-4) City Clerk Clark read the title of the ordinance. 42 9/8/87 Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the ordinance be waived and that said ordinance be laid over for final passage. COMPREHENSIVE HOMELESS ASSISTANCE PLAN - EMERGENCY SHELTER GRANT PROGRAM In a memorandum dated September 3, 1987, Ken Hender- son, Director of Community Development, stated that the U.S. Department of Housing and Urban Development (HUD) has allocated $29,000 to the City to provide assistance to the homeless. This allocation is required to be matched with cash or in-kind contributions. Prior to receiving the funds, the City must develop and submit a Comprehensive Homeless Assistance Program (CHAP) to HUD no later than September 8, 1987. (S-6) Ken Henderson, Director of Community Development, answered questions regarding the deadline date for sub- mission of a Comprehensive Homeless Assistance Program, stating that the date in his memorandum should be cor- rected to read September 28, 1987. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council authorize and direct staff to take appropriate actions to develop and submit to the U.S. Department of Housing and Urban Development (HUD), a Com- prehensive Homeless Assistance Plan (CHAP). Further, that the Mayor and Common Council authorize staff to solicit proposals for the Emergency Shelter Grant Program and utilize the Mayor's Task Force on the Homeless to review eligible proposals and make funding recommendations to the Mayor and Common Council. REPLACEMENT OF OAK AND VALLEY STREET BRIDGES, OVER WARM CREEK - REJECTION OF BIDS - AUTHORIZATION TO RE-ADVERTISE In a memorandum dated September 1, 1987, Roger Hard- grave, City Engineer, stated that two bids were received regarding the replacement of the Oak and Valley Street Bridges, the lowest of which was 31% over the City Engi- neer's Estimate. (S-8) Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, the all bids received on August 11, 1987, for the replacement of Oak Street and Valley Street Bridges over Warm Creek, in accordance with Plan No. 6934, be rejected; and that the Director of Public Works/City Engineer be authorized to re-advertise for bids, subject to approval by Caltrans of revised Preliminary Estimate of Cost dated August 27, 1987. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. POST HOISTS IN CENTRAL GARAGE - FINDING OF NEED FOR HEALTH AND SAFETY REASONS - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated August 27, 1987, Roger Hard- grave, City Engineer, stated that the Garage Management Audit Study recommended the installation of 3-post hoists within the bays in the Central Garage Shop, to improve efficiency and secure a higher level of preventative main- tenance. (S-9) 43 9/8/87 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the installation of two 3-post hoists in the Central Garage is needed for health and safety reasons; that the plans for installation of two 3-post hoists in the Central Garage, in accordance with Plan No. 7315, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RECESS MEETING - CLOSED SESSION At 8:35 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Sections 54957.6 regarding labor relations matters; 54957 to consider personnel matters; and 54956.9(a), to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (86, 87 & 88) ~l!y-of San Bernardino vs. California Construction Management, Inc. et al - Case #238755; Saldecke, et al vs. City of San Bernardino, et al - Case #236836; Cable Lakes Association vs. Cit~f San Bernardino Common Council, et al - Case #238714; City of San Bernardino, et al vs. The San Manuel Band of Mission Indians, et al - Case No. CV-85-6899 WJR; Saab vs. City of San Bernardino - Case #234561; Harris vs. City of San Bernardino - Case #CV 87 04882 JSC (GX) DeTinne vs. City of San Bernardino - Case #82B-=003 214093 Q.eTinn~_vs~lli_.<:>.~an~er.!!~di.!!.<:>. - Case #83B-054 222068 CLOSED SESSION Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" 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. Also present were: Charles Redd, Assistant City Attorney; Richard Bennecke, Executive Assistant to the Mayor. ADJOURN CLOSED SESSION At 9:30 p.m., the Closed Session was adjourned Regular Meeting of the Mayor and Common Council City of San Bernardino. to the of the 44 9/8/87 RECONVENE MEETING At 9:30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the Personnel Action Request of Mary Jane perlick, Director of Personnel, for a Leave of Absence Without Pay, Effective September 8, 1987, through January 11, 1988. (See Page 9 ) (25) Council Member Miller made a motion, seconded by Council Member Estrada, that the request of Mary Jane Perlick, Director of Personnel, for a Leave of Absence Wi thout Pay from September 8, 1987, through January 11, 1988, be denied. The motion carried by the following vote: Council Members Estrada, Flores, Maudsley, Miller. Council Members Reilly, Minor. Absent: Council Pope-Ludlam. Ayes: Noes: Member ADJOURN MEETING At 9:35 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to 8:00 a.m., Wednesday, September 16, 1987, at Shandin Hills Golf Club, 3380 N. Little Mountain Drive, San Bernardino, California, for a Local Government Financing Workshop by Miller and Schroe- der Financing, Inc. ~/l4~ / Ci ty Clerk No. of items: 109 No. of hours: 10~ 45 9/8/87