Loading...
HomeMy WebLinkAbout10-05-1987 Minutes City of San Bernardino, California October 5, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Flores at 9:05 a.m., Monday, October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by the Rev. Michael Sa- martha, St. John's Episcopal Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chief Master Sergeant Harding, Norton Air Force Base. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Flores; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Estrada, Miller; City Attorney Penman. PUBLIC COMMENTS There were no public comments. (A) PROCLAMATION - CAR CARE MONTH - OCTOBER, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming the month of October, 1987, as Car Care Month. (B) Patrick Kudell, Executive Director of the American Lung Association, accepted the proclamation, stating that this effort on a local basis is part of a national program to bring to people's attention the importance of proper vehicle maintenance to improve air quality. CITY ATTORNEY PENMAN ARRIVED At 9:10 a.m., City Attorney Penman arrived at the Council Meeting. PROCLAMATION - WHITE CANE SAFETY DAY - OCTOBER IS, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming Thursday, October IS, 1987, as White Cane Safety Day in the City of San Bernardino, and highly commending the San Bernardino Chapter of the California Council of the Blind, and members of the Light House for the Blind for their role in sharing these vital responsi- bilities. (B) Mr. Bob McBay, Executive Director of Light House for the Blind, accepted the proclamation. COUNCIL MEMBER ESTRADA ARRIVED At 9:12 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. PROCLAMATION - RIDE SHARE WEEK - OCTOBER 5 - 9, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming the week of October 5 - 9, 1987, as Ride Share Week in the City of San Bernardino, urging all 1 10/5/87 citizens to recognize the importance of ride sharing to the economic and conserva ti onal heal th of the area. (B) Bill Rosenwald, District Manager, Commuter-Computer, accepted the proclamation on behalf of his organization, Cal Trans and the State of California. PROCLAMATION - MONTH OF OCTOBER - TOASTMASTER'S MONTH Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming the month of October, 1987, as Toast- master's Month in the City of San Bernardino, urging citi- zens to support this organization's efforts in community service to develop important communication skills. (B) Pat MacDougall, President of Norton's Toastmaster's Organization, accepted the proclamation. RESOLUTION - IN MEMORIAM - GERALD E. HANSEN Richard Bennecke, Executive Assistant to the Mayor, read a resolution of the Mayor and Common Council of the City of San Bernardino and the Fine Arts Commission, high- ly commending in memoriam Gerald E. Hansen for his long and outstanding service to the community and the arts, and his love of life and his family. (B) Mrs. Harriett Hansen was present to accept the reso- lution. RESOLUTION - IN MEMORIAM - BAYARD RUSTIN Richard Bennecke, Executive Assistant to the Mayor, read a resolution of the Mayor and Common Council of the City of San Bernardino highly commending in memoriam Bayard Rustin, joining in the mourning of the passing of this great Civil Rights Leader, and supporting the trib- ute to the memory of Mr. Rustin, to be given by the A. Philip Randolph Institute on October 16, 1987. (B) (S-3) Council Member Pope-Ludlam accepted the resolution. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. APPOINTMENT - SENIOR AFFAIRS COMMISSION - CLARICE DOERING - FIFTH WARD Pursuant to an undated memorandum from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, to approve the appointment of Clarice Doering, 2215 Lake Forest Court, San Bernardino, CA 92407, to the Senior Affairs Commis- sion, as requested by Council Member Minor to represent the Fifth Ward. (C) COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Tale. APPOINTMENT - CENTRAL CITY PARKING PLACE COMMISSION - ERVEN TALLMAN - SIXTH WARD Pursuant to a memorandum dated September 25, 1987, from Mayor Wilcox, Council Member Pope-Ludlam made a mo- tion, seconded by Council Member Minor and unanimously carried, to approve the appointment of Erven Tallman, 215 North "D" Street, San Bernardino, CA 92401, to the Central City Parking Place Commission, as requested by Council Member Pope-Ludlam to represent the Sixth Ward. (C) 2 10/5/87 APPROVE MINUTES - SEPTEMBER 8, 1987 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on September 8, 1987, be approved as submitted in typewritten form. (1) APPROVE MINUTES - SEPTEMBER 21, 1987 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on September 21, 1987, be approved as submitted in typewritten form. (2) CLAIM - SCAG FUNDS - 1987-88 TDA ARTICLE 8 MONIES In a memorandum dated September 18, 1987, Warren Knudson, Director of Finance, stated that the City has been allocated $189,290 of Article 8 Funds for the 1987-88 Fiscal Year for street construction purposes. The South- ern California Association of Governments (SCAG) requires a resolution or minute order to request such funds. (3) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Finance Director be authorized to submit a claim for the 1987-88 TDA Article 8 monies from SCAG in the amount of $189,290. POLICE DEPARTMENT - OFFICERS GOOD AND TULL - OUT-OF-STATE TRAVEL - CALIFORNIA NARCOTICS OFFICER ASSOCIATION ANNUAL CONFERENCE - STATELINE, NEVADA - NOVEMBER 3-6, 1987 In a memorandum dated September 23, 1987, Police Chief Burnett explained the benefits to be derived from the attendance of Detective Francis Good and Sergeant Ear- nest Tull at the California Narcotics Officer Association Annual Conference to be held at Stateline, Nevada, Novem- ber 3-6, 1987. The cost to the City is $983.60. (4) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that out-of-state travel for Sergeant Earnest Tull and Detec- tive Francis Good to attend the California Narcotic Offi- cers Association Annual Conference to be held in State- line, Nevada, November 3 through 6, 1987, be approved. POLICE DEPARTMENT - OFFICERS GREENE AND ROCHA - OUT-OF-STATE TRAVEL - CALIFORNIA NARCOTICS OFFICER ASSOCIATION ANNUAL CONFERENCE - STATELINE, NEVADA - NOVEMBER 3-6, 1987 In a memorandum dated September 23, 1987, Police Chief Burnett explained the benefits to be derived from the attendance of Officers Charles Greene and Ramon Rocha at the California Narcotics Officers Association Annual Conference, at Stateline, Nevada, November 3 through 6, 1987. There will be no cost to the City for these offi- cers to attend the conference, as the City Unified School District will pay the expenses. (5) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that out-of-state travel for Officers Charles Greene and Ramon Rocha to attend the California Narcotics Officers Associa- tion Annual Conference to be held in Stateline, Nevada, November 3 through 6, 1987, be approved. 3 10/5/87 PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT - JUNE BASTAJIAN, RSVP PROGRAM DIRECTOR - OUT-OF-STATE TRAVEL - SENIOR VOLUNTEERS SEMINARS AND WORKSHOP ATTENDANCE - OCTOBER 23-27, 1987 - PORTLAND, OREGON In a memorandum dated September 24, 1987, Annie F. Ramos, Director of Parks, Recreation & Community Services Department, explained it had been requested that June Bastaj ian, RSVP Program Director, receive continuing training in the changing trends affecting volunteer pro- grams. Ms. Bastajian has the opportunity to attend a Sen- ior Volunteers Seminars and Workshop in Portland, Oregon, October 23-27, 1987, at no cost to the City. (7) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that authorization be given for June Bastajian, Retired Senior Volunteer Program Director, to attend seminars and work- shops on recruiting and working with volunteers to be held in Portland, Oregon, October 23 27, 1987. FINDING OF NEED FOR HEALTH & SAFETY REASONS - INSTALLATION - TRAFFIC SIGNALS - UNIVERSITY PARKWAY & HALLMARK PARKWAY In a memorandum dated September 9, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that recently traffic flow in the area of University Park- way & Hallmark Parkway has shown a significant increase. Traffic signals would provide for orderly movement of approaching traffic. Assessment District No. 973 was approved to generate funds to finance the cost of install- ing the traffic signals. (9) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that a finding be made that the installation of traffic signals at University Parkway and Hallmark Parkway, in accordance wi th Plan No. 7246, is needed for health and safety reasons. CITY HALL TELEPHONE SYSTEM - AUTHORIZATION FOR MAYOR TO SIGN CERTIFICATE OF ACCEPTANCE - GTEL BUSINESS SYSTEMS - NEAX 2400 PABX SYSTEM In a memorandum dated September 23, 1987, James Rob- bins, Deputy City Administrator, Administrative Services, stated that the installation of the NEAX 2400 PABX City telephone system is now complete. A final walk through was conducted on August 27,1987, and Mr. Robbins stated that the few items needing correction would be completed prior to action by the Council. (6) City Administrator Schweitzer answered questions, stating that he had been assured by staff that all items needing corrections had been addressed and found to be acceptable. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor be authorized to sign the Certificate of Acceptance with GTEL Business Systems for delivery and installation of the NEAX 2400 PABX City telephone system. PERRIS HILL PARK - BLAIR PARK - HANDICAP ACCESSIBILITY - FINDING FOR HEALTH & SAFETY REASONS In a memorandum dated September 14, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that certain modifications will be made to bring the facilities at Perris Hill Park and Blair Park into compliance with current standards for accessibility to the handicapped. (8 ) 4 10/5/87 City Administrator Schweitzer answered questions and explained the need for a Finding for Health & Safety Rea- sons, and that such a Finding does not obligate the Council to any further action. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, and explained that the Finding is needed to satisfy OPR requirements. Mr. Hardgrave also answered questions regarding fund- ing for the proposed project. City Attorney Penman suggested that in order to avoid any legal problems, it would probably be a better policy to do the Finding for Health & Safety Reasons at the same time the allocation is made. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that a finding be made that the provision of handicap accessi- bility for perris Hill and Blair Parks, in accordance with Plan No. 7226, is needed for health & safety reasons. STORM DRAIN INSTALLATION - FINDING OF NEED FOR HEALTH & SAFETY REASONS - UNIVERSITY PARKWAY In a memorandum dated September 14, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that installation of the Master Plan Storm Drain from 1-215 Freeway to a point about 1,200 feet to the northeast, will reduce the potential for flooding. (10) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a find- ing be made that the installation of the Master Plan Storm Drain along University Parkway, from 1-215 to a point about 1,200 feet to the northeast, in accordance with Plan No. 7246, is needed for health and safety reasons. STREET VACATION - ALLEY EAST OF "I" STREET - SOUTH OF JEFFERSON STREET In a memorandum dated September 8, 1987, Ann Sira- cusa, Planning Director, stated that the alley east of "I" Street, south of Jefferson Street, is a "paper alley" only and is not improved although there is a curb cut at "I" S t r eet. The alley is not needed for access, and the Ci ty will reserve easements for existing public utilities. The Environmental Review Committee determined that the pro- posed alley vacation would not have a significant effect on the environment. (12) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Negative Declaration of Environmental Impact for the vaca- tion of a portion of an alley located east of "I" street, south of Jefferson Street, be adopted. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a find- ing of consistency with the General Plan be adopted. VACATION OF ALLEY - EAST OF "I" STREET, SOUTH OF JEFFERSON STREET - FINDING OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated September 8, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that a request had been received that a portion of the alley east of "I" street and south of Jefferson street be va- cated. The request was submitted by the owner of 25% of the adjoining properties. (13) 5 10/5/87 council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a find- ing be made that the vacation of the alley, east of "I" street and south of Jefferson Street, is needed for health and safety reasons. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that Plan No. 7252, alley vacation east of "I" Street and south of Jefferson Street, be approved. STREET VACATION - ALLEY WEST OF "H" STREET, SOUTH OF ESPERANZA STREET In a memorandum dated September 8, 1987, Ann Sira- cusa, Planning Director, proposed to vacate a portion of an alley located west of "H" street and south of Esperanza Street. The City will reserve a 16 foot easement for ingress/egress purposes, which will insure that all par- cels have access to "H" Street. The Environmental Review Committee determined that this project would not have a significant effect on the environment. (14) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Negative Declaration of Environmental Impact for the vaca- tion of a portion of an alley located west of "H" street, south of Esperanza Street, be adopted. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a find- ing of consistency with the General Plan be adopted. VACATION OF ALLEY - WEST OF "H" STREET - SOUTH OF ESPERANZA STREET - FINDING OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated September 8, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that a request had been received that a portion of the alley west of "H" street, south of Esperanza Street be vacated. The request was submitted by the owners of 66% of adjoin- ing parcels. The alley is dead-ended at the freeway, and only provides access to abutting properties. The alley presents a continual maintenance problem, and vacation would allow for it to be incorporated into the adjoining parcels. (15) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a find- ing be made that the vacation of the alley west of "H" Street and south of Esperanza street, is needed for health & safety reasons. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that Plan No. 7253, for the vacation of the alley west of "H" Street and south of Esperanza Street, be approved. WIDENING OF 40TH STREET - ELECTRIC AVENUE TO MT. VIEW AVENUE - REJECTION OF BIDS AND AUTHORIZATION TO READVERTISE In a memorandum dated September 23, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that two bids were received for the proposed project of widen- ing of 40th Street from Electric Avenue to Mt. View Ave- nue. The amounts of $123,175.00 and $134,076.10 were for the basic bid. The low bid of $123,175.00 is 28.9% over the Engineer's Estimate of $95,546.00. Mr. Hardgrave explained that he felt there was a good chance that a better bid could be received by re-advertising, due to the limited number of original bidders. (11) 6 10/5/87 Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the funding for this project. City Administrator Schweitzer answered questions. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that all bids received on September 22, 1987, for the widening of 40th Street, from Electric Avenue to Mt. View Avenue, in accordance with Plan No. 7283 be rejected; and the Direc- tor of Public Works/City Engineer be authorized to re- advertise for bids. STREET NAME CHANGE - UNIVERSAL STREET, WEST OF JASMINE STREET, TO UNIVERSAL AVENUE - AUTHORIZATION TO PROCEED In a memorandum dated September 4, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that universal Street was dedicated to the City on Tract No. 10647. Universal Street is almost aligned with universal Avenue to the east. The name change would provide more uniformity. There would be 12 addresses that would be affected by the name change. (21) Council Member Reilly made a motion, seconded by Council Member Maudsley, that the Real Property Section of the Public Works Department be authorized and directed to change the name of Universal Street, west of Jasmine Street to Universal Avenue. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Member Miller. Abstain: Council Member Pope-Ludlam. PALM LITTLE LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated September 21, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that the lighting system for Palm Little League Field was installed many years ago, and the lighting level provided is not in accordance with current standards. (16) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding costs and design of the proposed lighting system. Mr. Hardgrave also answered questions regarding the setting of priorities for park improvement projects. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter of new lighting system for Palm Little League Field be continued to later in the meeting when a repre- sentative of the Parks, Recreation & Community Services Department can be present. (See page 26) ELK'S PONY LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated September 21, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that the lighting system for Elk's Pony League Field was installed many years ago, and the lighting level provided is not in accordance with current standards. (17) Mr. Hardgrave answered questions regarding costs and design of the proposed lighting system. 7 10/5/87 Mr. Hardgrave also answered questions regarding the setting of priorities for park improvement projects. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter of new lighting system for Elk's Pony League Field be continued to later in the meeting when a repre- sentative of the Parks, Recreation & Community Services Department can be present. (See page 26) NEWMARK LITTLE LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY In a memorandum dated September 21, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that the lighting system for Newmark Little League Field was installed many years ago, and the lighting level pro- vided is not in accordance with current standards. (18) Mr. Hardgrave answered questions regarding costs and design of the proposed lighting system. Mr. Hardgrave also answered questions regarding the setting of priorities for park improvement projects. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter of new lighting system for Newmark Little League Field be continued to later in the meeting when a representative of the Parks, Recreation & Community Ser- vices Department can be present. (See page 26) SAN-RI LITTLE LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated September 21, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that the lighting system for San-Ri Little League Field was installed many years ago, and the lighting level pro- vided is not in accordance with current standards. (19) Mr. Hardgrave answered questions regarding costs and design of the proposed lighting system. Mr. Hardgrave also answered questions regarding the setting of priorities for park improvement projects. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter of new lighting system for San-Ri Little League Field be continued to later in the meeting when a repre- sentative of the Parks, Recreation & Community Services Department can be present. (See page 27) STORM DRAIN - UNIVERSITY PARKWAY - UNIVERSITY PARKWAY, FROM ROUTE 1-215 TO 1,200 FEET TO NORTHEAST - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated September 17, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that the plans for the installation of the storm drain in Uni- versity Parkway from Route 1-215 to a point 1,200 feet to the northeast had been prepared and the project is ready to be advertised for bids. The total estimated project cost is $325,700. (20) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the funding from Storm Drain Funds, and priorities of projects. 8 10/5/87 City Attorney Penman stated that the City has the authority to reject any and all bids. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding bid estimates, stating that its difficult to get exact amounts, as there can be unknown factors that occur during construction, thereby increasing costs, plus the fact that there has been a sharp increase in costs in the construction industry. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the plans for installation of a storm drain in University Parkway, from Route 1-215 to a point 1,200 feet to the northeast, in accordance with Plan No. 7329, be approved; and the Director of Public Works/City Engineer be author- ized to advertise for bids. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the claims and payroll, and authorization of issuance of war- rants as listed on the memorandum from the Director of Finance, be approved as follows: (22) 1. Approve the register of demand dated: September 16, 1987 87/88 #10 $1,249,051. 18 2. Approve the total gross payroll for the period August 31, 1987, through September 13, 1987, in the amount of $1,478,941.83. PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved as follows: (23) TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Recreation Aide - Effective October 6, 1987 through April 6, 1988 Nicholas E. I. Alexander Maria Medina Roselyn Anderson - Senior Recreation Leader - Effective October 6, 1987 through April 5, 1988 Linda W. Carter - Teacher (Headstart) - Effective October 6, 1987 through April 6, 1988 Senior Recreation Leader - Effective October 6, 1987 through April 6, 1988 Randall Deetz Gerald Griffin Wava C. Hahn - Recreation Specialist - Effective October 6, 1987 through April 5, 1988 Michael F. Haight - Recreation Aide - Effective October 6, 1987 through April 5, 1988 Veronica D. McKinney - Recreation Leader - Effective October 6, 1987 through April 6, 1988 9 10/5/87 Mary H. Roberts - Senior Services Aide - Effective October 6, 1987 through April 6, 1988 Kitchen Helper/Part-Time - Effective October 6, 1987 through April 5, 1988 Emily Mendoza Frances Rosales Senior Services Aide - Effective October 6, 1987 through Apri 1 5, 1988 Sharnell Mosby Alice Tellez Recreation Leader - Effective October 6, 1987 through April 5, 1988 David Ashe R. R. Hudson-Crawford Michael Irons Public Works/Public Buildings Fred Lucero - Custodial Aide I - Effective October 6, 1987 through April 5, 1988 Johnny Rodriquez - Custodial Aide III - Effective October 6, 1987 through April 6, 1988 Public Services/Refuse Robert Vega - Extra Relief Heavy Laborer - Effective September 22, 1987 through March 22, 1988 DEMOTION/VOLUNTARY Parks, Recreation & Community Services Gregory A. Carter - Recreation Aide - From Lifeguard to Recreation Aide - Effective October 6, 1987 through April 6, 1988 LEAVE OF ABSENCE WITHOUT PAY Police Department Deborah Lynn Glenn - Police Officer - Effective August 27, 1987 - from August 27, 1987 through September 9, 1987 City Administrator Schweitzer regarding temporary positions, stating in the Parks, Recreation & Community are usually filled by young people for who then go on to a regular job. answered questions that the positions Services Department one or two years, Mr. Schweitzer stated that the question of long-time temporary positions had been referred to the Civil Service Board for a definition and decision. He agreed to write the Board a letter requesting that they expedite their response. APPROVE MINUTES - SEPTEMBER 16, 1987 Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on September 16, 1987, be approved as submitted in typewritten form. (24) BOARD OF BUILDING COMMISSIONERS - APPEAL HEARING - 829 W. SPRUCE STREET - RICHARD LISTER - DEMOLITION This is the time and place set to hear an appeal filed by J. Richard Lister on the Board of Building Com- missioners' decision relative to the demolition of prop- erty located at 829 W. Spruce Street. (53) 10 10/5/87 In a memorandum dated September 23, 1987, James Richardson, Acting Director, Building & Safety, gave the background of the action regarding the property at 829 w. Spruce Street, and recommended that Mr. Lister be given 180 days to rehabilitate the property. Mayor Pro Tempore Flores opened the hearing. James Richardson, Acting Director, Building & Safety, explained the background of the actions of the Board of Building Commissioners, stating that the property is now in foreclosure and when that process is complete, Mr. Lister will be the title holder. Mr. Richardson stated that the present property owners are unwilling to proceed with any type of work on the property, but that Mr. Lister indicated that he is willing to bring the property up to Code. He explained that a time limit can be imposed to assure that substantial progress is being made on the repairs. Mr. Richard Lister, appellant, explained he is the lender in this matter, and has been told by the title company that the waiting period in the foreclosure proce- dure expires October 24, 1987, and that 21 days later he will have title to the property. He stated he is willing to begin work on the property as soon as he is legally able to obtain City permits. He stated that 180 days is adequate to complete the work. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal hearing be closed, and that the appeal be granted, with a time limit of 180 days from the time Mr. Lister takes possession of the properties at 827 and 829 W. Spruce Street (October 24, 1987). BOARD OF BUILDING COMMISSIONERS - APPEAL HEARING - 1072 N. "G" STREET - JAMES O'CONNOR This is the time and place set to hear an appeal filed by James O'Connor on the Board of Building Commis- sioners' decision of abatement on property located at 1072 N. "G" Street. (54) Mayor Pro Tempore Flores opened the hearing. James O'Connor, 215 E. Commonwealth Avenue, Fuller- ton, CA 92632, stated that since appearing before the Board of Building Commissioners, he had some work done on the property at 1072 N. "G" Street, beginning on September 9, 1987. He stated it was his intention to rehabilitate the property. Mr. O'Connor distributed "before" and "after" pic- tures of the property to the Mayor and Common Council. James Richardson, Acting Director, Building & Safety Department, answered questions regarding past action by the Building & Safety Department. Mr. Richardson set forth a list of deficiencies, which included sanitary and safety problems. Mr. O'Connor stated he had contracted with a termite inspector so it could be determined what needed to be done in this area. He explained that he had owned the property for about four years. He also explained that he had re- ceived the first notice from the Building & Safety Depart- ment sometime in May of 1987, in which it was indicated there were problems on the property. Mr. O'Connor stated 11 10/5/87 that at that time, however, he didn't have time to act on the matter and didn't realize the seriousness of the situ- ation. When he later returned to appear before the Board of Building Commissioners, he became aware of the condi- tion of the property. Mr. Richardson explained that if the Council is sat- isfied that there is sufficient progress, then it would be appropriate to allow additional time for the work to be done. However, at the time Mr. O'Connor carne before the Board of Building Commissioners, there was no progress. Mr. Richardson stated it was his opinion property requires substantial rehabilitation, there are structural problems with the building, some cosmetic repairs had been done. that the and that although Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the appeal hearing be closed. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the appeal on property located at 1072 N. "G" Street be denied. SEWER CAPACITY RIGHTS - REIMBURSEMENT OF FEES PAID - APPEAL HEARING - EARNEST HOLMES - TRIPLE H. RANCH HOMES - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consider- ation of an appeal filed by Earnest Holmes, President of Triple H. Ranch Homes, regarding reimbursement of fees paid for sewer capacity rights on Tract No. 13296. (55) Mr. Herbert H. Holmes, representing Triple H. Homes, stated that the project on Tracts 10104 and 13296 of 18 single family residences had been stopped by the City. City Administrator Schweitzer summarized a staff report dated September 25, 1987, from Deputy City Adminis- trator Robbins, in which he set forth previous actions regarding the issue of sewer capacity rights purchased by Triple H. Ranch Homes. Two issues are involved: 1. The purchase of sewer capacity rights at differ- ent prices. The price July 8, 1986 when five rights were purchased was $1,620 each. The fifteen rights purchased on May 15, 1987, were $2,260 each. The difference in cost is $640 per unit or $9,600 for fifteen units. Conclusion: sion to buy only could buy as a approval. On July 8, 1986, Mr. Holmes made a deci- five of 20 capacity certificates that he resul t of the Planning Department's 2. Mr. Holmes made a decision not to purchase fif- teen units of capacity July 7, 1986. At any time between that date and May 15, 1987, Mr. Holmes could have pur- chased the fifteen units of capacity. If the project did not proceed, the fifteen units could have been sold back to the City. This decision was his to make and any per- ception of Council action or inaction was his alone. Conclusion: illegal action rights. The City did not put a hold or take an on Mr. Holmes' right to purchase capacity Mr. Holmes answered questions, stating that they wanted to proceed with their project, but were stopped by a City inspector. 12 10/5/87 City Administrator Schweitzer construction had been stopped because illegally building two houses on one explained that Tr iple H. Homes lot. the was Mr. Schweitzer also explained that sewer capacity rights can be purchased any time after the plan is approved, and Mr. Holmes had never been denied a request to purchase capacity rights. Mr. Holmes stated they were inexperienced regarding proper procedures in obtaining sewer rights, and had only applied for rights for lots one, two, and three. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the appeal hearing be closed and the appeal for reimbursement of sewer capacity rights fees be denied. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. BOARD OF WATER COMMISSIONERS - DENIAL OF SEWER SERVICE - RUSSELL STURGEON - 4380 DAVID WAY - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consider- ation of an appeal filed by Russell and Anne Sturgeon, 2733 Serrano Rd., San Bernardino, CA 92405, of the denial of sewer service by the Board of Water Commissioners to property located at 4380 David Way. (56) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal hearing on the denial of sewer service to 4380 David Way be continued to October 19, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. City Administrator Schweitzer agreed to provide the Council with copies of the Board of Water Commissioners minutes and any policies that have been adopted regarding the issue of sewer service when this matter is considered by the Council. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. UNDERGROUND DISTRICT 16 - PUBLIC HEARING - BETWEEN NINTH STREET & APPROXIMATELY 200 FEET NORTH OF 16TH STREET AND APPROXIMATELY 250 FEET EAST AND WEST OF MT. VERNON AVENUE This is the time and place set for a public hearing to consider the formation of an Underground Utility Dis- trict 16, located between Ninth Street and approximately 200 feet north of 16th Street and approximately 250 feet east and west of Mt. Vernon Avenue. (57) Mayor Pro Tempore Flores opened the hearing. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the cost of this proj- ect to surrounding property owners. He stated there is a Public Utilities Commission Rule which requires Edison to set aside a certain percentage of their revenue for under- grounding utility facilities within districts established by the City. If this district is established, the Edison Co. will use those monies to underground all the major wires along Mt. Vernon. The only cost to property owners will be conversion of the electrical service from overhead to underground. 13 10/5/87 Don Stewart, property owner, stated that construction is now being done on Mt. Vernon and assumed that it re- lates to the undergrounding, even though it has not been approved by the Council. He complained about his possible costs. Mr. Hardgrave stated that the construction underway is not related to undergrounding, and explained that there is a project in that area to put in new street lights. He stated that it would probably take 20 to 24 months before the undergrounding project would commence. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the public hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, to direct staff to prepare the necessary resolution and health and safety findings of fact. UNDERGROUND UTILITIES MEMORANDUM - CITY ATTORNEY City Attorney Penman distributed a memorandum signed by him, dated October 5, 1987, which sets forth options to be considered in the matter of undergrounding utilities. He stated that this memorandum pertains to Items 58, 59, 60, 61, and 72 on the Agenda. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. UNDERGROUNDING UTILITIES - APPEAL HEARING - REQUEST FOR TEMPORARY EXEMPTION - LIONEL S.HELLER - 455 SOUTH "D" STREET - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consider- ation of an appeal filed by Lionel S. Heller, 202 W. Hill- crest Avenue, P. O. Box 5370, San Bernardino, CA 92412, for a temporary exemption of undergrounding utilities at 455 South "D" Street. (58) Mayor Pro Tempore Flores opened the hearing. Mr. Heller, appellant, reviewed his request for a temporary exemption from the undergrounding of utilities until the matter was clarified. There was a discussion regarding the possibility of posting a bond pending the establishment of an assessment district. At the meeting of the Mayor and Council on September 21, 1987, the Mayor and Council directed the City Attorney and City Treasurer to prepare a document whereby payments could be made on an annual basis. Mr. Heller stated he still wants direction from the Council as to what he should do. Sr. Assistant City Attorney Barlow summarized the proposed agreement, stating that the City would agree to waive the immediate undergrounding if the property owner or developer would agree that once the cost is determined, the City may collect the cost either by placing it on the tax roll or by the property owner executing a deed of trust for the actual cost. If the property owner at some time in the future refuses to execute the deed of trust, then the City would have the option either to collect it by whatever remedy it wished, or place it on the tax roll. Interest would be collected at the rate of 10% per annum and the developer would be allowed to pay the money back over a period of up to five years in two payments a year. The City would then have ten years to do the under- grounding work. The agreement would be recorded and be- come a lien on the property, so that if the property is 14 10/5/87 -l sold, the agreement would still exist. In the meantime, if the developer wished, he could do the undergrounding himself, and the City would release the lien. Mr Heller stated he would prefer the longer time frame and would be willing to cooperate. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the appeal hearing be closed. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the City agree to waive the immediate requirement of the undergrounding of utilities on the condition that the owners of the property enter into an agreement to make semi-annual payments for a period not to exceed five years for the cost of undergrounding, plus interest at the rate of 10% per annum, security for which will be a trust deed to be executed in the future, or a tax lien on the prop- erty. The Mayor was authorized to sign the agreement. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. UNDERGROUNDING UTILITIES - REQUEST FOR TEMPORARY EXEMPTION - APPEAL HEARING - SIMA PROJECT - MILL STREET AND "G" STREET - IRVING CHASE - S & A PROPERTIES - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consider- ation of an an appeal filed by Irving Chase, S & A Prop- erties, for a temporary exemption of the requirement of undergrounding utilities on a project located at Mill Street and "G" Street. (59) Mayor Pro Tempore Flores opened the hearing. Roger Hardgrave, Director of Public Works/City Engi- neer, stated this project had been delayed by the Central City South Project in order to incorporate this design in the overall project. He explained that a meeting had been held with all participants to work out a satisfactory agreement. The Redevelopment Agency had provided modifi- cations. Irving Chase, S & A Properties, stated that the Re- development modification was acceptable. He also wanted the Council to be aware of the fact that if the Central City South Assessment District is not formed and his group form their own district, they will be be providing bene- fits to all other property owners. John Hoeger, Development Specialist, Redevelopment Agency, explained that the modified motion provides that SIMA Properties develop landscaping in accordance with the Central City South design, and that SIMA be allowed reim- bursement or credit against their assessment when it is formed for the landscaping. The landscaping must be done up front. Irving Chase asked that there be some kind of provi- sion whereby he could obtain a Certificate of Occupancy while the plans are being approved. Mr. Hoeger stated there should be a short term let- ter of credit on the landscaping to allow SIMA time to install the landscaping up front. There should also be a long term letter of credit to secure the undergrounding of electrical utilities. 15 10/5/87 Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating it would be possible to form an assessment district for just the parcel in ques- tion. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the hearing be closed. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the petition from Brown and Mullins, Inc., for inclusion of the SIMA Project (Parcel Map No. 9506) in the Central City Assessment District, to finance the cost for underground- ing utilities, major landscaping nodes, installation and landscaping of median islands along "G" Street and reloca- tion of a water line, be accepted; Authorization was granted to issue Certificates of Occupancy for buildings within this project upon approval by the City of the completion of construction of all pub- lic improvements required under Parcel Map No. 9506, ap- proval by the City of all landscaping installation both within public rights-of-way and on-site landscaping, in- cluding landscaped nodes, except, however, that the com- pletion of construction of the public improvements to be so approved by the City as a condition for the issuance of a Certificate of Occupancy shall not include the under- grounding of electrical utilities and other appropriate utilities in "G" Street as otherwise required by Parcel Map No. 9506 if an agreement by and between the City and the owners of the SIMA Project has been recorded against the SIMA Project which (i) commits the owners of the SIMA Project to participate in the Central City Assessment District or any other assessment district required by the City, and (ii) in the event the Central City Assessment District or any other assessment district required by the City is not formed, provides a financial security mechan- ism to the City at the time and in form and substance ac- ceptable to the City Treasurer and the City Attorney to adequately guarantee the performance by the owners of the SIMA Project of the obligation to underground all electri- cal utilities and other appropriate utilities in "G" Street and to pay all costs in connection therewith as required by Parcel Map No. 9506; The developer was also required to provide security in the form of a long term letter of credit for the under- grounding, not to exceed two years; and to submit a short term letter of credit, not to exceed 90 days, to insure the installation of landscaping; approval was also given to allow the issuance of a Certificate of Occupancy prior to completion of landscaping. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. UNDERGROUNDING UTILITIES - FEES AND PROCEDURES - APPEAL HEARING - 911 W. HIGHLAND AVENUE - STEPHEN F. GRAY - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consider- ation of an appeal filed by Stephen F. Gray, 12168 Mt. Vernon, Suite 41, Grand Terrace, CA 92324, relative to fees and procedures for undergrounding utilities at 911 W. Highland Avenue. (60) Stephen Gray, appellant, stated he was one-half owner of the property located at 911 W. Highland Avenue, but when the project is completed, the full ownership will revert to Mr. and Mrs. Hal Abedor. 16 10/5/87 Mr. Abedor, owner of property at 911 W. Highland Avenue, stated they would do the undergrounding on the west side of the property, and would be willing to pay for the undergrounding work on the south side, approximately 90'. He also stated his preference to pay for this over a five year period. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing be closed. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the City agree to waive the immediate requirement of the undergrounding of utilities on the condition that the owners of the property enter into an agreement to make semi-annual payments for a period not to exceed five years for the cost of undergrounding, plus interest at the rate of 10% per annum; security for which will be a trust deed to be executed in the future or a tax lien on the prop- erty. As a point of clarification, the owner is required to immediately install the undergrounding on the west side of the property and the above agreement will apply only to the utilities on the east and south sides. UNDERGROUNDING UTILITIES - PLANNING COMMISSION DECISION - APPEAL HEARING - CONDITIONAL USE PERMIT NO. 87-27 - STANDARD CONDITION NO. 10 - ROY F. KROLL & ASSOCIATES - NINTH AND TIPPECANOE AVENUE - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consider- ation of an appeal filed by Roy F. Kroll & Associates, Inc.; Applicant Lindsay Barto, Owner, on the Planning Com- mission's approval of Conditional Use Permit NO. 87-27, in particular, Standard Condition No. 10 which states "All utility lines shall be installed underground subject to exceptions approved by the Planning Department and the City Engineer". (61) Mayor Pro Tempore Flores opened the hearing. Mr. Ed Leonelli, one of the property owners, spoke regarding the Recreational Vehicle Over-Night Park, 9th Street, west of Tippecanoe. He reviewed previous action, stating that there are presently 80 spaces and the pro- posed project would add an additional 30 spaces. He stated they had been given a waiver on the undergrounding on the first 80 spaces. He explained that no buildings are being put in, just underground utilities, cement slabs and landscaping, and again requested a waiver on under- grounding. Mr. Leonelli stated he had met with Edison staff, but had not been able to get a firm figure on the cost of the undergrounding. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that the developer could put in the undergrounding as long as it is done according to Edison's plans and standards. He explained that pre- cise figures are not available until the project is de- signed and bid out. Mr. Hardgrave suggested the possibility of an assess- ment district by assessing this second project and the nearby Assured Mini-Storage which is under a requirement to underground. Rule 20 money could then be used as a contribution to the district for the first project of the RV park and the vacant lot on the corner for complete undergrounding along 9th Street and Tippecanoe. 17 10/5/87 l I Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal hearing be closed, and that the City agree to waive the immediate requirement of the undergrounding of utilities on the condition that the owners of the property enter into an agreement to make semi-annual payments for a period not to exceed five years for the cost of under- grounding, plus interest at the rate of 10% per annum; security for which will be a trust deed to be executed in the future or a tax lien on the property. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING Acting Chairman Flores called the Regular Meeting of the Community Development Commission/Redevelopment Agency to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. UDAG GRANT APPLICATIONS - "THE CLUB" - REDLANDS BLVD, WATERMAN AVENUE - SUNWEST DEVELOPMENT - "E" STREET, HOSPITALITY LANE AND HUNTS BLVD. - SET PUBLIC HEARINGS In a memorandum dated September 28, 1987, Glenda Saul, Executive Director, Redevelopment Agency, recom- mended proceeding with the preparation of two Urban Devel- opment Action Grant applications and setting the required two public hearings. The two proposed projects are as follows: (R-4) 1. "The Club", to be developed by the Simchowitz Corporation, which will include three retail club type facilities and one fast food chain, with approximately 170,500 square feet, with an estimated development value of $17,900,000, located in the vicinity of Redlands Blvd, Waterman Ave. and the railway tracks. 2. Sunwest Development - Sunwest has completed seven of thirteen office buildings in Sunwest Professional Park. Consideration is requested for the development of 521,300 square feet of office buildings and one parking structure, located in the area bounded by "E" Street, Hospitality Lane and Hunts Blvd. Glenda Saul, Executive Director, Agency, answered questions regarding the ects. Redevelopment proposed proj- Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, to instruct Staff of the Redevelopment Agency to proceed with the preparation of Urban Development Grant Applications for the following two projects: 1. "The Club" - an 18-acre project located generally in the vicinity of Redlands Boulevard, Waterman Avenue and the railway tracks for development of approximately 170,500 square feet of club type retail facilities and one fast food chain. 2. Sunwest Development, a 15-acre project located generally in the area bounded by "E" Street, Hospitality Lane and Hunts Boulevard, for the development of 521,300 square feet of office buildings and one parking structure The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam. Noes: Council Member Minor. Absent: Council Members Estrada, Miller. 18 10/5/87 1 Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to set the fOllowing public hearings on said UDAG applica- ti ons: November 2,1987, at 11:00 a.m., in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California; November 16,1987, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. CENTRAL CITY EAST PROJECT - SALE OF REDEVELOPMENT AGENCY PROPERTY AT SECCOMBE LAKE TO YWCA FOR SUBLEASE TO TEDDY BEAR TYMES CHILD CARE FACILITY - SET PUBLIC HEARING In a memorandum dated September 28, 1987, Glenda Saul, Executive Director, Redevelopment Agency, gave the background on the negotiations with the YWCA to reach an acceptable amortization schedule for the pay-off of a loan by and between the Agency and the YWCA in connection with their purchase of the building from the Redevelopment Agency. (R-6) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, to set a joint public hearing of the Mayor and Common Council and Community Development Commission at 11:00 a.m., on Monday, October 19, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to con- sider the sale of certain real property owned by the Re- development Agency within the Central City East Project Area to the Young Women's Christian Association. RES. 87-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO BILLODEAU FURNISHING & INTERIORS, INC. FOR THE FUR- NISHING AND DELIVERY OF MODULAR FURNISHINGS & PANELS TO BE UTILIZED BY CITY HALL IN ACCORDANCE WITH BID SPECIFICATION F-87-38. (46 ) City Clerk Clark read the title of the resolution. Dean Meech, Purchasing Agent, answered questions regarding a $22,822.45 item for furniture for the Redevel- opment Agency, stating it was in the original bid when they did a floor-by-floor inventory. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that his original report listed furniture in the Water Department and the Redevel- opment Agency. It was desired to get the modular systems through the same contractor for uniformity, although those two agencies are supposed to reimburse the City for those costs. City Attorney Penman indicated that his office does not need new desks and doesn't feel the need for the modu- lar systems. 19 10/5/87 Carol Hatch, Space Planner Design Consultant, answered questions regarding furniture for the City At- torney's Office. She stated the project was originally designed so that the modular walls could be used in con- junction with existing furniture. It was up to each de- partment to determine how the modular systems would be used. City Administrator Schweitzer answered questions, stating the City was formerly charging the Redevelopment Agency, Water Department and Refuse Division rent which was just sufficient to cover the principal payments on City Hall. About a year ago, the rent was raised to the going rate in the area. The difference between the old and new rates is being used for the renovation of City Hall. The Council discussed the expenditure for new fur- nishings in light of the present shortage of City funds. Wayne Overstreet, Superintendent, Public Buildings/- Parking Control, explained that direction was given by the Mayor and Common Council to plan for the year 2000 in renovation plans, so that even if the new system is not needed now, eventual growth will require the change. Plans were also made to relocate Engineering Department and allocate additional space to the Redevelopment Agency and Water Department. A financial plan was developed whereby the entire renovation could be done without impacting the General Fund, by raising the rent to the self supporting agencies. City Attorney Penman stated the modular equipment might interfere with air circulation and cause the office to be too warm. Mr. Overstreet stated that the modular walls do not reach the ceiling and would not interfere with air circu- lation. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-345 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam. Noes: Council Member Maudsley. Ab- sent: Council Member Miller. RES. 87-346 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO BILLODEAU FURNISHING & INTERIORS, INC. FOR THE FUR- NISHING AND DELIVERY OF SEATING TO BE UTI- LIZED BY CITY HALL IN ACCORDANCE WITH BID SPECIFICATION F-87-38. (47) City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Minor, sent: Resolution No. 87-346 was adopted by the following Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam. Noes: Council Member Maudsley. Ab- Council Member Miller. 20 10/5/87 RES. 87-347 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO PACIFIC CORP. CAPITAL, INC. FOR THE FURNISHING AND DE- LIVERY OF LEASE PURCHASE FINANCING TO BE UTILIZED BY CITY HALL IN ACCORDANCE WITH BID SPECIFICATION F-87-38. (48) City Clerk read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-347 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam. Noes: Council Member Maudsley. Ab- sent: Council Member Miller. RECESS MEETING - WORKSHOP - PROTOTYPE TRANSPORTATION/LAND USE ORDINANCE - MANAGEMENT INFORMATION CENTER At 12:12 p.m., Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting recess to the Management Infor- mation Center (MIC), sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to a workshop to dis- cuss prototype transportation/land use ordinance. (64) WORKSHOP TO DISCUSS PROTOTYPE TRANSPORTATION/ LAND USE ORDINANCE - SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) - AUTHORIZATION TO INDICATE CITY'S WILLINGNESS TO PARTICIPATE IN DEVELOPMENT OF TRANSPORTATION/AIR QUALITY IMPROVEMENT PROGRAM At 12:30 p.m., the Workshop relative to the Prototype Transportation/Land Use Ordinance by Nedra Bickel, Region- al Planner for Southern California Governments (SCAG) was called to order by Mayor Pro Tempore Flores in the Manage- ment Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (64, 65) ROLL CALL Roll Call was taken by Deputy City Clerk Martinez with the following being present: Mayor Pro Tempore Flores; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Clerk Martinez, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Member Miller. Nedra Bickel, Regional Planner for Southern Cali- fornia Association of Governments (SCAG), presented a Prototype Transportation/Land Use Ordinance developed by SCAG to assist cities and counties in establishing a pro- gram that will reduce traffic congestion and air pollu- tion. Ms. Bickel stated that because clean air standards have not been met, the Environmental Protection Agency has already instituted sanctions for large construction proj- ects that emit 100 tons of pollution per year beginning February, 1988. SCAG is concerned about facing more sanc- tions, because the withdrawal of Federal highway, sewage treatment, and other funds, affects all development in the region. The Council expressed their concern that the ordi- nance would be in conflict with the City's revitalization efforts. 21 10/5/87 Ms. Bickel stated that the ordinance is designed for diversity and flexibility so that each jurisdiction can determine the appropriate method it wants to adopt to achieve its goals. Ms. Bickel asked for a letter of commitment from the City of San Bernardino to participate in this program. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the matter be referred to the Transportation Committee for further review and that the Transportation Committee and Planning Department get together and prepare a schedule for Council review. RECESS MEETING At 1:30 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed until 2:00 p.m.. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Flores; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Clerk Reese, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Member Miller; City Attorney Penman. APPOINTMENT - PLANNING COMMISSION - FRANCISCO GOMEZ - FIRST WARD In a memorandum dated September 29,1987, Mayor Wilcox requested the appointment of Francisco Gomez, 533 Western Avenue, San Bernardino, CA 92411 to the Planning Commission pursuant to a request by Council Member Estrada, representing the First Ward. (C) Council Member Maudsley made a motion, seconded by Council Member Minor, that the appointment of Francisco Gomez, 533 Western Avenue, San Bernardino, CA 92411, by Council Member Estrada, representing the First Ward, be approved. Members of the Council discussed the procedure fol- lowed in making appointments to various City committees and commissions. The fact that the City Administrator and City Attor- ney felt it was their responsibility to request informa- tion from the Police Department relative to an appointee was discussed. The Council felt there was no precedent or procedure for such an incident. It was stated that it is a difficult situation for the Council to find that one of their prospective appointees was selected for an investi- gation or a review by the Police Department without the Council's or potential appointee's knowledge. It was stated that the Mayor and Common Council had never been involved in the establishment of a procedure for screening appointees. CITY ATTORNEY PENMAN ARRIVED At 2:10 p.m., City Attorney Penman arrived at the Council Meeting. 22 10/5/87 City Attorney Penman answered questions regarding the character check, stating that State statutes and the City Charter give authority for this type of procedure. He referred to certain California Government Codes, Penal Code Sections, and from City Charter Article II Section 15. He also stated he was told there was a City resolu- tion that deals with appointment procedures. Members of the Council voiced concern that there was no procedure established for conducting investigations or review of potential appointees. City Attorney Penman stated if information were given to him about a potential appointee having a criminal record and he failed to investigate, he would consider it a dereliction of his responsibility. City Attorney Penman recommended the enactment of an ordinance to set forth proper procedures for investigation and review of potential appointees. He suggested that the matter be referred to the Legislative Review Committee for review and study. Council Member Estrada requested that this matter be placed on the next regular Council Agenda, October 19, 1987, and that no further checks be made until a procedure is established. She also requested that all available Government Code Sections and information be provided for Council review. City Attorney Penman stated that State law prohibits those who have been convicted of certain crimes from hold- ing some offices and if there is no procedure to determine their status, he would not be doing his job if he didn't do an investigation. Phil Arvizo, Executive Assistant to the Council, outlined the present procedure for Council appointments to various committees and commissions. The motion on co Gomez to the carried. the previous motion to appoint Francis- Planning Commission was unanimously Deputy City Clerk Reese administered the Oath of Office to Mr. Gomez. PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 87-37 - APPEAL - SOUTHWEST CORNER OF 33RD STREET AND "E" STREET - JOHN H. WOOLARD This is the time and place set to hear an appeal filed by John Woolard on the Planning Commission's deci- sion of approval of Conditional Use Permit No. 87-37, Applicant Tait & Associates, Owner Thrifty Oil Co. to per- mit the off-site sale of alcoholic beverages from a pro- posed convenience store. The location of the proposed market is the southwest corner of 33rd Street and "E" Street. (71) Mayor Pro Tempore Flores opened the hearing. Ann Siracusa, Planning Director, stated that Condi- tional Use Permit No. 87-37 is a request to permit off- site sale of alcoholic beverages from a proposed conven- ience store in connection with an existing 24 hour gaso- line station at the southwest corner of 33rd and "E" Streets. She stated that the Planning Commission and Police Department had recommended approval of the CUP. 23 10/5/87 The Planning Department recommended upholding the Planning Commission's decision and denial of the appeal. However, several letters of protest were received. John Woolard, 527 W. 33rd Street, appellant, referred to letters of protest received regarding the proposed project and set forth his objections. He stated that parking problems could occur because the parking lot is too small, and referred to the gasoline tankers creating traffic problems when pulling out of the driveway. He objected to the 24 hour operation because of potential noise factors. He also objected to the sale of liquor because of potential drinking parties in the parking lot. Mr. Woolard stated the proposed convenience market could create traffic hazards and cited statistics regard- ing accidents and speeding in the area. Mr. Woolard referred to a petition signed by approxi- mately 100 people in the neighborhood who also objected to the proposed convenience market. Mr. Mike Zenus, representing Circle K, indicated that the proposed convenience market would improve the neigh- borhood appearance because of the landscaping. He stated that the parking meets all City standards, and that studies have shown that the traffic at 33rd and "E" Streets is low to moderate. He explained that only about 10% of the shelf space will be allotted to alcoholic bev- erages, and the operation is designed so that people will not congregate in the area to drink, but simply to pur- chase beverages and leave the area. Mr. Zenus also stated that Circle K has an intensive program of training for managers in how to handle problems that may occur because of drinking or loitering; also, that laws prohibit the sale of alcoholic beverages from 2:00 - 6:00 a.m. Mr. Zenus answered questions, stating that the market could operate without the sale of alcoholic beverages, but they would prefer not to do it that way. He stated Circle K maintains a fine degree of cleanliness, and does every- thing they can to cooperate with the neighborhood in oper- ating a safe, attractive business. CITY CLERK CLARK ARRIVED At 3:10 p.m., City Clerk Clark arrived at the Council Meeting and replaced Deputy City Clerk Reese. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing be closed. Council Member Minor made a motion, Council Member Flores, to uphold the appeal proval of Conditional Use Permit 87-37. seconded by and deny ap- The motion carried by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor. Abstain: Council Member Pope-Ludlam. Absent: Council Member Miller. POLICY - CONVENIENCE MARKETS A discussion ensued regarding the establishment of a policy regarding the development of convenience markets in the City of San Bernardino, as many requests to establish such businesses have been denied, even after companies have invested money in preparing for such a project. 24 10/5/87 Planning Director Siracusa stated that as much of the objection stems from the 24 hour use of the facilities in residential neighborhoods as it does from the sale of alcohol, and that each request is considered individually. No action was taken. COMMENDATION - LINDA WARSAW - YOUNG AMERICAN MEDAL OF SERVICE AWARD - KIDS AGAINST CRIME Richard Bennecke, Executive Assistant to the Mayor, on behalf of Mayor Wilcox, the Common Council and the City of San Bernardino, commended Linda Warsaw, who was re- cently awarded the Government Young American Medal for Bravery and Service. She has also received a National Award and will be going to Washington, D.C. for a presen- tation by President Reagan. After volunteering in the Victim Witness Advocacy Program, Linda created "Kids Against Crime" to increase awareness of the rights of children and provided information regarding crime preven- tion. Linda has donated over 2100 hours to her program and assisted many young children in turning their lives around. (B) Linda Warsaw was present to accept the award. UNDERGROUNDING UTILITIES - APPEAL OF REQUIREMENT - NORTHEAST CORNER OF 40TH STREET AND SEPULVEDA - RICHARD I. HEHR - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consider- ation of an appeal filed by Richard I. Hehr, 7415 Roland Ave., Playa Del Rey, CA 92023, regarding the requirement for undergrounding utilities on property located at the northeast corner of 40th Street and Sepulveda Avenue. (72) Mayor Pro Tempore Flores opened the hearing. Mr. Richard Hehr gave the background of the develop- ment at the northeast corner of 40th Street and Sepulveda Avenue. He stated that a variance was received at the commencement of the project in April, 1985, a building permit received in October, 1987, after plans had been submitted, and in February, 1987, plans were submitted to Edison, which were approved. At no time during any of these procedures was there any mention of undergrounding off-sites. They called for final inspection in September, 1987, and were informed they couldn't get a Certificate of Occupancy until the off-sites were undergrounded. It was estimated that the cost for off-site under- grounding would be about $35,000 with additional costs of approximately $15,000 to rip out sidewalks and parking lot. The project is finished and ready to open. The proj- ect is only 6,000 square feet, so could not support the additional cost. Mr. Hehr answered questions. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed and the appeal be granted. The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam. Noes: Council Member Reilly. Absent: Council Member Miller. 25 10/5/87 PALM LITTLE LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY REASONS CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of making a Finding of Need for Health & Safety Reasons regarding the replacement of lighting system at Palm Little League Field. (See page 7) (16) John Kramer, Recreation Superintendent, Parks, Recre- ation & Community Service Department, explained that this project had been included in the past year's budget pro- posal, or on a Council approved action to submit for State Bond Act Monies. Out of four proposed projects (Items 16, 17,18,19) two of the projects are funded entirely from Park Construction fees; one project is exclusively with State Parks Bond Act Monies, and one is a combination of the two. Mr. Kramer answered questions regarding priorities for park improvements, stating that there is a list of park construction projects on a five year capital improve- ment plan, which is reviewed as part of the budget pro- cess, and priorities are set. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that a finding be made that the replacement of the lighting sys- tem for Palm Little League Field is needed for health & safety reasons. ELK'S PONY LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY REASONS CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of making a finding of need for health and safety reasons for the replacement of the lighting system at Elk's Pony League Field. (See page 7) (17) John Kramer, Recreation Superintendent, Parks, Recre- ation & Community Service Department, explained that this project had been included in the past year's budget pro- posal, or on a Council approved action to submit for State Bond Act Monies. Out of four proposed projects (Items 16, 17, 18, 19) two of the projects are funded entirely from Park Construction fees; one project is exclusively with State Parks Bond Act Monies, and one is a combination of the two. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that a finding be made that the replacement of the lighting sys- tem for Elk's Pony League Field is needed for health & safety reasons. NEWMARK LITTLE LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY REASONS CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of making a Finding of Need for Health and Safety Reasons for the replacement of the lighting system at Newmark Li ttle League Field. (See page 8) (18) John Kramer, Recreation Superintendent, Parks, Recre- ation & Community Service Department, explained that this project had been included in the past year's budget pro- posal, or on a Council approved action to submit for State Bond Act Monies. Out of four proposed projects (Items 16, 17,18,19) two of the projects are funded entirely from 26 10/5/87 Park Construction fees; one project is exclusively with State Parks Bond Act Monies, and one is a combination of the two. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that a finding be made that the replacement of the lighting sys- tem for Newmark Little League Field is needed for health & safety reasons. SAN-RI LITTLE LEAGUE FIELD - REPLACEMENT OF LIGHTING SYSTEM - FINDING OF NEED FOR HEALTH & SAFETY REASONS CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of making a Finding of Need for Health and Safety Reasons for replacement of the lighting system at San-Ri Little League Field. (See page 8) (19) John Kramer, Recreation Superintendent, Parks, Recre- ation & Community Service Department, explained that this project had been included in the past year's budget pro- posal, or on a Council approved action to submit for State Bond Act Monies. Out of four proposed projects (Items 16, 17, 18, 19) two of the projects are funded entirely from Park Construction fees; one project is exclusively with State Parks Bond Act Monies, and one is a combination of the two. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that a finding be made that the replacement of the lighting sys- tem for San-Ri Little League Field is needed for health & safety reasons. TRACT MAP 12949 - AUTHORIZATION TO AMEND - DELETION OF TUDOR HILL DRIVE, BETWEEN AMBER HILL DRIVE AND LOT NO. 18 In a memorandum dated October 1, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that a letter had been received from Mr. Surresh Doddiah, Civil Engineer, requesting approval of the deletion of a portion of Tudor Hill Drive from Tract Map 12949. Since the final map has been recorded, an amending map would need to be filed. (5-1) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions of the Council. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the request to amend the final map for Tract No. 12949, by deletion of a portion of Tudor Hill Drive, between Amber Hill Drive and Lot No. 18, be approved. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of all the resolutions on the Council Agenda be waived. 27 10/5/87 RES. 87-348 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING RATES IN CONNECTION WITH THE DISSEMINATION OF COPIES OF "THE CITY OF SAN BERNARDINO OPTIMAL HOUSING PRODUCT MIX, RECENT TRENDS, FUTURE EXPECTA- TIONS AND POLICY CONSIDERATIONS HOUSING REPORT" TO THE GENERAL PUBLIC. (25) (Continued from September 28, 1987) City Attorney Penman stated that the matter of a proper charge for the Housing Study Report had been ana- lyzed by two attorneys in his office. The attorneys dif- fered as to what could be charged for selling copies of the Report. Mr. Penman stated he would research the issue and give his opinion. In the meantime, he suggested that provisions of the current resolution in effect be followed and if a copy of the document is requested, it must be furnished to the requester within ten days under provi- sions of the Public Records Act. City Clerk Clark stated that her office provides copies of documents to the press at no cost, and explained other charges made by her office. The Council discussed the need to establish a policy regarding the furnishing of copies of documents to the public. It was suggested that copies of the Housing Study be placed in the Library and other City officials' office. City Attorney Penman stated that the Council would be safe by charging the actual cost of reproduction. Ken Henderson, Director, Community Development De- partment, answered questions regarding requests for the housing study. He indicated that even if the report were available, it would not be disseminated to the general public prior to the Mayor and Common Council's receiving and accepting it. Only a couple of requests have been received since the workshop. City Attorney Penman suggested that even though a resolution is normally amended by another resolution, if the Council were to make a decision today to charge a certain amount that is not in excess of the actual cost of publication, that could be done. Then at the next meeting a resolution could be ratified to accept the amendment. City Clerk Clark pointed out that the Charter re- quires that a resolution be amended by another resolution. She also stated that the Police Department has a different resolution pertaining to charges in that they charge as much as $2.00 per page for pOlice reports, while the City is limited to ten cents per page for copies. Mr. Henderson expressed his concern that if one charge is made at this time, and a different charge is arrived at after further research, it would be unfair to those who paid the higher amount. He stressed the impor- tance of a consistent charge. He suggested that the Council could change the fee per page for all documents outside the Police Department and that this matter be referred to the Legislative Review Committee. City Treasurer Graves suggested the possibility of having the Housing Study copied by an outside printing establishment, such as Quik Print, and recommended that the Legislative Review Committee study the whole copy policy of the City. 28 10/5/87 Council Member Maudsley made a motion, seconded by Council Member Minor, that a charge of $32.50 be made for "The City of San Bernardino Optimal Housing Product Mix, Recent Trends, Future expectations and Policy Considera- tions Housing Report". Mr. Henderson answered questions, stating that the actual printing costs incurred by the consultant was about $20.00 per copy, which did not include any staff or secre- tarial time. City Attorney Penman recommended that the charge made by the City not exceed $20.00. Council Member Maudsley amended his previous motion by changing the amount from $32.50 to $20.00, seconded by Council Member Minor and unanimously carried. Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted as amended. Resolution No. 87-348 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-349 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. . . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ESTABLISHING ONE POSITION OF SPEC IAL OLYMPICS COORDINATOR IN THE RECREATION DIVISION OF THE PARKS, RECREA- TION AND COMMUNITY SERVICES DEPARTMENT AND BY CHANGING THE NUMBER OF CODE COMPLIANCE OFFICER POSITIONS FROM 2 TO 3 AND THE NUM- BER OF GENERAL BUILDING INSPECTORS FROM 8 TO 7 IN THE BUILDING AND SAFETY DEPARTMENT. (26) City Administrator Schweitzer regarding the position of Special stating that if funds do not come eliminated. answer ed ques t ions Olympics Coordinator, in, the posi tion is !; Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be amended by interdelineation by inserting "Should the funding for this position be eliminated, the position will be deleted" after "Special Olympics Coordin- ator" on page 2 of the resolution, and that said resolu- tion be adopted as amended. Resolution No. 87-349 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-350 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING LEASED ACCESS RATES AND MASTER CONTROL DUBBING FEES IN CONNEC- TION WITH THE CITY OF SAN BERNARDINO I S COMMUNITY PUBLIC ACCESS CHANNEL. (27) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. 29 10/5/87 Resolution No. 87-350 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-351 - 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 BOYS CLUB OF SAN BERNAR- DINO, INC. (28) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-351 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-352 - RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING THE DISPOSAL OF SUR- PLUS VEHICLES. (29) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-352 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-353 RESOLUTION APPROVING AN AMENDMENT TO THE RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE ISSU- ANCE OF AN AGGREGATE PRINCIPAL AMOUNT OF $12,450,000 OF REFUNDING BONDS OF SAID CITY TO REFUND PREVIOUSLY ISSUED $13,400,000 CITY OF SAN BERNARDINO, IMPROVEMENT BONDS, ASSESSMENT DISTRICT NO. 961 (PARK CENTRE) (30) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-353 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-354 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT TERMINATING THE AGREEMENT FOR THE USE AND OPERATION OF TENNIS PRO SHOPS AT PERRIS HILL PARK AND BLAIR PARK. (Donald Mittica) (31) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-354 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. 30 10/5/87 RES. 87-355 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM (HIGHLAND SENIOR CENTER -SENIOR NUTRITION PROGRAM) (32) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-355 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM (HIGHLAND SENIOR CENTER - COMMUNITY HOSPITAL'S ADULT DAY HEALTH CARE PROGRAM) (33) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-356 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH G & K MANAGEMENT COMPANY RELATING TO A NUTRITION FOR SENIORS PROGRAM. (BEAUTIFUL LIGHT INN - SENIOR NUTRITION PROGRAM) (34) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-357 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Estrada, Miller. RES. 87-358 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE HOUS- ING AUTHORITY OF THE COUNTY OF SAN BERNAR- DINO RELATING TO A NUTRITION FOR SENIORS PROGRAM. (WHITNEY YOUNG COMMUNITY CENTER - SENIOR NUTRITION PROGRAM) (35) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-358 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH SAN BER- NARDINO LIGHTHOUSE FOR THE BLIND, INC. RELATING TO A NUTRITION FOR SENIORS PRO- GRAM. (36) 31 10/5/87 Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-359 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Estrada, Miller. RES. 87-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH YOHKO KOBAYASHI-ARNETT RE- LATING TO THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING LOT '3. (37) City Administrator Schweitzer answered questions, stating that even though this is a 20 year lease, it can be cancelled by either party with a 30 day written notice. Wayne Overstreet, Superintendent, Public Buildings/- Parking Control, answered questions of the Council. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-360 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-361 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE AMENDMENT OF BOUNDARIES OF AS- SESSMENT DISTRICT NO. 962 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTEN- ANCE OF A SEWER LIFT STATION IN THE AREA OF PINE AND BELMONT AVENUES; ORDERING THE AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 962. (38) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-361 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-362 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF STATE STREET, NORTH OF SHERIDAN ROAD AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILI- TIES AND PUBLIC UTILITY EASEMENTS THEREON; ALSO RESERVING AN EASEMENT FOR INGRESS AND EGRESS FOR LOT 4 OF TRACT NO. 12674. (39) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-362 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. 32 10/5/87 Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that Plan No. 7271 for the vacation of State Street north of Sheri- dan Road be approved and the City Engineer and City Clerk be authorized to proceed. RES. 87-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT, DECLARING ITS INTEN- TION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DIS- TRICT NO. 969", AND WAIVING NOTICE AND HEARING. (Irving & Olive Ave.) (40) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-363 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUN- DARIES THEREOF TO INCLUDE ADDITIONAL TERRI- TORY IN THE DISTRICT; DECLARING ITS INTEN- TION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (Pepper & Mill) (41) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-364 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-365 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTEN- TION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DIS- TRICT NO. 981", AND WAIVING NOTICE AND HEARING. (Meridian & Randall) (42) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-365 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KAMMEYER & ASSOCIATES, INC., RELATING TO THE PROVISION OF PROFESSIONAL SERVICES FOR DEVELOPMENT OF BUCKBOARD PARK. (Kendall Dr. n/w of University Parkway) (43) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. 33 10/5/87 Resolution No. 87-366 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION. . TO REMOVE THE TWO-HOUR PARKING RESTRICTION ON PERSHING AVENUE BETWEEN REDICK AVENUE AND HILDA STREET". (44) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-367 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION. . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF . . ." TO ES- TABLISH A NO PARKING ZONE ON PORTIONS OF STERLING AVENUE, BETWEEN THIRD STREET AND FIFTH STREET. (45) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-368 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. RES. 87-369 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A COR- PORATION, OVER CITY OWNED PROPERTY, LOCATED AT THE SAN BERNARDINO MUNICIPAL WATER DE- PARTMENT'S 2100' HYDROGENERATION STATION, LOCATED AT THE END OF OLD CAJON ROAD, SAN BERNARDINO, CALIFORNIA. (49) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-369 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Mem- bers Estrada, Miller. ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE UR- GENCY THEREOF. (Final) (52) (Continued from September 21, 1987) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be continued to October 19, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. 34 10/5/87 READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the remaining ordinances on the Council Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinances be waived. ORD. MC-610 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.60.070 OF THE MUNICIPAL CODE TO CLARIFY THAT ABAN- DONED SIGNS CONSTITUTE A NUISANCE. (50) Council Member Minor made a Council Member Pope-Ludlam, that adopted. motion, seconded said ordinance by be Ordinance MC-610 Ayes: Council Members Pope-Ludlam. Noes: Estrada, Miller. was adopted by the following vote: Reilly, Flores, Maudsley, Minor, None. Absent: Council Members ORD. MC-611 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.40.060 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR AN OPEN VIEWING AREA FOR ADULT ARCADES. (51) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Ordinance MC-611 Ayes: Council Members Pope-Ludlam. Noes: Estrada, Miller. was adopted by the following vote: Reilly, Flores, Maudsley, Minor, None. Absent: Council Members MAYOR'S TRAFFIC SAFETY COMMITTEE - REQUEST FOR INSTALLATION OF STOP SIGN ON PICO AVENUE AT MAGNOLIA AVENUE In a memorandum dated September 18, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that the Mayor's Traffic Safety Advisory Committee had met on September 9, 1987, to consider the request for a 2-way stop control on Pico Avenue at Magnolia Avenue. The resi- dents were invited to attend this meeting. None of the area residents responded or attended the meeting. The Committee acted to sustain their previous motion, to leave the intersection of Pico Avenue and Magnolia Avenue as is. (62) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the report from the Mayor's Traffic Safety Advisory Committee, that the installation of a 2-way stop sign on Pico Avenue at Magnolia Avenue, is not warranted, be accepted and filed. SIGN ENCROACHMENT - MESSIAH LUTHERAN CHURCH _ PALM AVENUE RIGHT-OF-WAY - 1414 PALM AVENUE In a memorandum dated September 21, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that a request had been received from the Messiah Lutheran Church, 1414 Palm Avenue for permission to install an identification sign within the street right-of-way. This request was made to improve visibility. (63) City Administrator Schweitzer there are still problems with this back to the Planning Commission. recommended that, since request, it be referred 35 10/5/87 Mr. Schweitzer answered questions, stating that if someone would hit the sign, the City would be liable, even though the infringement permit says that the City shall be held harmless. City Attorney Penman agreed that this matter needs to go back to the Planning Commission. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of the request for encroachment of sign for the Messiah Lutheran Church be referred to the Planning Com- mission. WAYS AND MEANS COMMITTEE - REPORT - SEPTEMBER 28, 1987 Council Member Flores, member of the Ways Committee, gave the report of the meeting of the Means Committee held September 28, 1987. The items were discussed: and Means Ways and following (66) 1. ~umane Soci~!y~roEosal for Operating Animal Shelter - Considerable discussion took place regarding the proposal from the Humane Society, their request for addition- al time, the possibility of going out for additional proposals and the status of hiring a new Director of Animal Control. The Committee concluded that enough time had elapsed for all concerned parties and recommended that the Humane Society pro- posal not be accepted and that the Animal Control function remain with the City. The Commi ttee further recommended that Ms. Debra Biggs be extended as a consultant for an additional thirty days to provide time for review and interview of applicants for the permanent position of Director, Animal Control. Susan Dawson, a 17 year member of the Humane Society Board of Directors, stated the Society had given approxi- mately $70,000 to the City for various projects at the local animal shelter. Ms. Dawson stated that some months ago the Humane Society was asked to submit a proposal to the City of San Bernardino relative to taking over the operation of the animal control program. A proposal was submitted on Sep- tember 17, 1987 to Deputy City Administrator Robbins. When more information was requested, she requested a continu- ance, which was denied. After a brief conference with Mayor Wilcox, Ms. Dawson was informed by Mr. Robbins that the matter would be continued to October 12, 1987. Ms. Dawson later was informed that the Humane Society proposal was discussed and denied at the Ways and Means Committee held on September 28, 1987, even though she was unaware of the fact the matter would be considered. MS. Dawson stated she was requesting (1) that this matter go back to the Ways and Means Committee; and (2) that a committee, possibly an ad hoc committee made up of members of the Ways and Means Committee and others, be formed for an in-depth study of the proposal by the Humane Society. 36 10/5/87 Ms. Dawson referred to the current City budget figure for the Animal Shelter of $551,000, and expressed doubt that proper service can be provided for that amount. The budget proposed by the Humane Society is $672,000, but can be negotiated. The City Administrator was directed to extend the existing contract with Debra Biggs as consultant at the Animal Control Shelter for a period of thirty days. Council Member Minor made a motion, seconded by Council Member Reilly, that the Humane Society's proposal be referred back to the Ways and Means Committee for addi- tional review. The motion carried by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Flores. Absent: Council Members Estrada, Miller. Jules Cavalho, a member of Citizens for Responsible Research, asked the Council's permission to be heard re- garding the Humane Society's proposal and stated he would go to the Ways and Means Committee Meeting. 2. Animal Control Fees - The Committee recommended an increase of the Field Ser- vice Fee from $6.00 to $10.00. The Commit- tee also recommended an increase in owner release fees as follows: CITY RESIDENTS OTHER Dogs (over 4 Mos. age) Dogs (under 4 Mos. age) Cats & Kittens Litters (not weaned) Dead Animal Disposal $8.00 4.00 4.00 8.00 1. 00 $10.00 6.00 6.00 10.00 2.00 Staff recommendation of the above fees do not apply to stray animals or persons re- questing service for a problem with strays. Residents may br ing the animal in at a reduced fee or have Animal Control do the pickup. Animal Control staff would have latitude to waive certain fees based on the ability of individuals to pay for service. The dead animal disposal fee would apply to veterinarians who use the City's freezer for animals received at their businesses. (A report was attached) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Ci ty Attorney be instructed to prepare the necessary amendment to the resolution on animal control fees as recommended by the Ways and Means Committee, and the City Clerk be instructed to advertise the proposed fees for a public hearing to be held November 2, 1987. 3. Library Budget - The Committee received the attached report. No change in the current policy was recommended. The Finance Director was directed to forward a copy of monthly disbursements to the Council Office each month. The Committee inquired of the City Administrator for any requests from the City Librarian on unmet needs due to current funding policy. The City Adminis- 37 10/5/87 trator stated there have been no requests from the City Librarian on unmet needs due to policy. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Library Board be invited to attend a workshop with the Mayor and Common Council at noon on Monday, October 19, 1987, in the Management Information Center (MIC), to dis- cuss the budget. 4. Parking District Briefing - The Commit- tee recommended this item be referred to the Transportation Committee and the Econ- omic Restructuring Committee (Main Street) for their perusal. The Finance Director was asked to provide the Parking District fund- ing report to the next Ways & Means Commit- tee meeting on October 12, 1987. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the minutes of the Ways and Means Committee meeting held September 28, 1987, be received and filed. POLICE ORGANIZATION REVIEW AD HOC COMMITTEE - REPORT The Mayor and Common Council discussed minutes of the Police Organization Review Co~mittee meeting held October 1, 1987. (S-2) Phil Arvizo, Executive Assistant to the Council, answered questions and stated that this committee had previously been known as the Police Department Budget Community Based Ad Hoc Committee. The Council discussed the new title of the committee and what its functions might be. The minutes were presented as follows: The Committee met with the Police Commis- sion to receive input, observation and concerns regarding the overall operation of the Police Department. The objective of the Commission is to perform an outside, inde- pendent review of the Police Department with the intention of presenting a recom- mendation to the full Council to provide a more visible, effective and efficient pub- lic safety department. The Committee thanked the Commission for past involvement, updated them on recent action on the new Police Building, and requested cooperation in reviewing commun- ity based pOlicing, constituent complaints regarding crime rate and response time by police. The Commission advised the Committee of an early 1984 study they did which would be available in the City Clerk's Office. Additional issues that were discussed: 1. School Crossing Guards - Junior Police Program 38 10/5/87 2. Neighborhood watch - Who attends the meetings 3. Sworn/Unsworn Ratios 4. Review of Commission, its powers, pos- sible conflict of interest of members 5. COPs, house of operation 6. Training - proficiency testing 7. Establishment of standards and goals 8. Priority system on calls received by dispatchers 9. The new police facility 10. Drugs - drug busts 11. Cost of Title 186 - "Too many Chiefs, not enough Indians" The Committee explained that this review would be a cooperative effort between Com- mittee, Commission, Chief of POlice, Staff and the public to take advantage of the positives and delete the negatives. The Commissioners were asked to present a list of issues and comments. The Committee will be meeting bi-weekly to establish the scope of the review. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Police Department Budget Community Based Policing Ad Hoc Committee be received and filed. MEMORIAL SERVICE - BAYARD RUSTIN - OCTOBER 16, 1987 Council Member Pope-Ludlam invited the Council to participate in the Memorial Service planned to honor Bayard Rustin, Civil Rights Leader, to be held at Noon on October 16, 1987, at the foot of the Dr. Martin Luther King Jr. statue located in front of City Hall. (S-4) Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to approve the request to hold a memorial service for Bayard Rustin at noon on October 16, 1987, at the foot of the Dr. Martin Luther King, Jr. statue located in front of City Hall. FISCALINI FIELD - ENVIRONMENTAL ASSESSMENT City Administrator Schweitzer answered questions, stating that this $5,000 is the money allocated for studies at Fiscalini Field. The total amount of $18,000 is coming from the City Reserve Account. (S-5) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, to direct staff to prepare an Environmental Assessment on the imple- mentation and operation of Fiscalini Field; and to author- ize up to $5,000 for the preparation of technical studies to comprise an Environmental Assessment. 39 10/5/87 RECESS MEETING - CLOSED SESSION At 5:25 p.m., Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting be recessed to a Closed Session pursuant to Government Code Section 54956.9 (a) to confer with its attorney regarding pending litigation to which the City is a party as follows: (69, 70) Saldecke, et al vs. City of San Bernardino, et al San Bernardino Superior Court Case No. 236836; City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Cable Lakes Associates vs. City of San Bernardino Common Council, et al - San Bernardino Superior Court Case No. 238714; City of San Bernardino, et al vs. The San Manuel Band of Mission Indians, et al Case No. CV-856899 WJR, Federal District Court, Central Division, Los Angeles; Saab vs. City of San Bernardino, San Bernardino Superior Court Case No. 234561; Harris vs. City of San Bernardino, Federal District Court, Central Division, Los Angeles, Case No. CV-87-04882 JSC (GX); DeTinne vs. City of San Bernardino, San Bernardino Superior Court Case No. 214093; DeTinne vs. City of San Bernardino. San Bernardino Superior Court Case No. 222068; Kaplan vs. City of San Bernardino, Superior Court Case No. 225490; Wales vs. City of San Bernardino, et al, San Bernardino Superior Court Case No. 220344; Rush vs. Haight, et al, San Bernardino Superior Court Case No. 232660; San Bernardino Valley Municipal Water District vs. All Interested in South Valle - San Bernardino Superior Court Case No. 224322; San Bernardino Municipal Water District vs. RDA & City, San Bernardino Superior Court Case No. 223718; San Bernardino Municipal Water District vs. Tri-City Project, San Bernardino Superior Court Case No. 219711; U. S. Department of Labor vs. Inland Manpower Association, Administrative Law Judge, Case No.85-CTA-55; Summers vs. Meyers - Federal District Court, Case No. CV 835814, Case No. 83A021; Barry Malleck vs. City of San Bernardino, et al, Federal District Court, Case No. 87-1615 AWT (BX) 40 10/5/87 and to confer with its attorney regarding 1 i tigation pursuant to Government Codes 54956.9 (b) (1) regarding: pending Section Keith Thompson - application for Disability Retire- ment. CLOSED SESSION At 5:25 p.m., the Closed Session was called to order by Mayor Pro Tempore Flores in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Flores; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Estrada, Miller; City Clerk Clark. Also present: Deputy City Attorney Wilson; Richard Bennecke, Executive Assistant to the Mayor. DEPUTY CITY ATTORNEY WILSON EXCUSED At 5:50 p.m., Deputy City Attorney Wilson left the Closed Session. CITY CLERK CLARK ARRIVED At 6:00 p.m., City Clerk Clark arrived at the Closed Session. ADJOURN CLOSED SESSION At 6:32 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:32 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Flores; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Estrada, Miller. ADJOURN MEETING - CASES CONTINUED - WALES - RUSH - KAPLAN - MALLECK - OCTOBER 12, 1987 - 9:00 A.M. At 6:32 p.m., Council Member Pope-Ludlam made a mo- tion, seconded by Council Member Minor and unanimously carried, that the meeting be adjourned to 9:00 a.m., Mon- day, October 12,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the following cases be continued to that date and time: (69) Wales vs. City of San Bernardino, et aI, San Bernardino Superior Court Case No. 220344; Rush vs. Haight, et aI, San Bernardino Superior Court Case No. 232660; Kaplan vs. City of San Bernardino, Superior Court Case No. 225490; 41 10/5/87 Barry Malleck vs. City of San Bernardino, et al, Federal District Court, Case No. 87-1615 AWT (BX) ~a;,?7d/~4L!/ City Clerk /IJ$?~ ~ Deputy C ty Clerk '~~ ~p City? No. of Items: 88 No. of Hours: 8 42 10/5/87