Loading...
HomeMy WebLinkAbout01-04-1988 Minutes . City of San Bernardino, California January 4, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:02 a.m., on Monday, January 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Pope-Ludlam, Mayor Pro Tempore. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark, City Administrator Schweitzer. Absent: City Attorney Penman. . PUBLIC COMMENTS A citizen, identifying himself as The Sword, Comman- der and Chief of the House of Ying, Executive Officer of an embryonic, theocratic corporation of the homeless and needy, made the following charges and requested that they be answered promptly and publicly: (Al 1. That police intimidation, harrassment, discrimi- nation and selective enforcement against himself and the homeless and needy has continued. 2. be made for the That enforcement of business license regulations against "Someplace", a non-profit, drop-in center homeless and needy. 3. That Lee Gagnon, Business License Supervisor, be asked to resign for not following through on The Sword's request that "Someplace" obtain a business license and for supplying incorrect information regarding "Someplace". 4. That complainants be identified who reported The Sword was carrying a scabbared bayonet while walking in the downtown, City Hall area. . 1 1/4/88 . 5. That Federal funds and needy. the City has applied for and received under false pretense to help the homeless 6. That City officials look the other way during the commission of a felony, as others beside himself have taken shopping carts and they are not arrested as he was. He demanded a sweep of the City for the arrest of people in possession of shopping carts. 7. That anyone wishing to smoke in City Hall be allowed this right. Mayor wilcox requested that City Administrator Schweitzer look into the allegations mentioned by The Sword, and with the advice of the City Attorney, advise The Sword of his right to file a formal complaint. CITY ATTORNEY PENMAN ARRIVED At 9:25 a.m., City Attorney Penman arrived at the Council Meeting. . APPROVAL OF MINUTES - DECEMBER 7, 1987 - CONTINUED FROM DECEMBER 21, 1987 Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held December 7, 1987, be continued to the January 19, 1988, meeting. (1 ) CHANGE ORDER NO. TWO - CONTRACT WITH MARTIN JASKA, INC. - FIRE STATION AT TRI-CITY COMPLEX In a memorandum dated December 23, 1987, Roger Hard- grave, City Engineer, included Change Order No.2 from Martin Jaska, Inc., which itemized extra work for the construction of a fire station in the Tri-City Complex. (2) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that Change Order No. Two to the contract with Martin Jaska, Inc. for the construction of a Fire Station at Tri-City Complex, be approved; authorizing the contractor to in- stall an air compressor, painted steel door in lieu of aluminum, install wrought iron panels in wall, change lights and signs, for a net increase in the contract price of $3,118.00 from $781,513.00 to $784,631.00. . 2 1/4/88 . CLAIMS AND PAYROLL Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the claims and payrolls, and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved as follows: (3) 1. Approve the register of demands dated: December 9, 1987 December 16, 1987 December 22, 1987 87/88 87/88 87/88 #21 #22 #23 $2,226,771.19 $1,406,973.40 $ 852,079.03 2. Approve the total gross payroll for the period November 23, 1987, through December 6, 1987, in the amount of $1,347,582.81. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . PERSONNEL ACTIONS Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the following Personnel Actions, as submitted by the Director of Personnel, in accordance with all administrative regu- lations of the City of San Bernardino, be approved: (4 ) APPOINTMENTS Building & Safety Mark I. Sutton - Director of Building & Safety - Effective January 11, 1988 Public Works/Public Buildings William J. Van Nortwick - Electrical/HVAC Mechanic - Effective January 5, 1988 APPOINTMENT TEMPORARY Police Department Kimberly S. Moyer - Dispatcher I/Part-Time - Effective January 5, 1988 Parks, Recreation & Community Services John pohl - Senior Services Aide - Effective January 5, 1988 Lifeguard - Effective January 5, 1988 . Tracey Mages Christine Ronan David Philippi 3 1/4/88 . Dale Smith - Kitchen Helper - Effective January 5, 1988 through July 4, 1988 S.B.E.T.A./Administration Alicia L. Dailey - Staff Analyst I (JTPA) _ Effective January 5, 1988 through indefinite PROMOTION Police Department Dawn L. Zaharopoulos - Police Communications Operations Supervisor - Effective January 5, 1988 PROMOTION PROVISIONAL Animal Control Dorothy R. Khan - Animal Health Technician _ Effective January 5, 1988 Community Development Barbara Sharp - Account Clerk III from Typist Clerk III - Effective January 5, 1988 . City Administrator Schweitzer answered questions regarding the indefinite appointment to S.B.E.T.A. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, SAN BERNARDINO, CALIFORNIA, CONCERNING A CERTAIN PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF SAN BERNARDINO. (Continued from December 21, 1987) (6 & R-5) City Clerk Clark read the title of the resolution. The Council discussed hearing this item in conjunc- tion with Item 5 on the Redevelopment Agency Agenda. Linda Savage, representing the YWCA, requested that this item be heard at the present time, as there were many people present in the audience for this item. . Glenda Saul, Executive Director of the Redevelopment Agency, answered questions, stating that the property in question, located in the Seccombe Lake State Urban Recrea- tion Area, is currently in the State's name. 4 1/4/88 . Dennis Barlow, Senior Assistant City Attorney, answered questions regarding confusion surrounding the title holder and the leasee of property at Seccombe Lake Park, upon which the YWCA is located. He stated that a title company search revealed that Lot 18 is owned by the State. Teddy Bear Tymes, Inc. has part of their operation on Lot 19 and they wish to extend to Lot 18 by subleasing it from the YWCA. Document research has found that although several leases to the YWCA of the Seccombe Lake property were drawn up, they were never signed by representatives of the YWCA. James Penman, City Attorney, stated that the State has given the City the authority to negotiate the lease with the YWCA. . Bill Leonard, a developer who assisted the Redevelop- ment Agency, YWCA and County in the superblock exchange several years ago, which included this property, stated that it is his understanding that the YWCA property is owned by the Redevelopment Agency, and that the YWCA has been operating under the impression that they have a lease of the property. City Attorney Penman stated that the City signed an agreement with the State, making the City the designated agent for the State. In a report dated December 29, 1987, Senior Assistant City Attorney Barlow answered questions regarding the current status of the YWCA property located near the intersection of Sixth Street and Sierra Way. City Attorney Penman stated that Condition #4 of the five conditions of purchase listed on Page 3 of Senior Assistant City Attorney Barlow's memorandum regarding utilities at the new site being the responsibility of the YWCA, has not been met. Senior Assistant City Attorney Barlow answered ques- tions, stating that the YWCA's initial plan was to make the property their temporary location. He stated that Teddy Bear Tymes, Inc. is a separate issue. . Bill Leonard, developer, answered questions concern- ing the YWCA's understanding of their use of the property and the building of an olympic size swimming pool. 5 1/4/88 . Glenda Saul, Executive Director of the Redevelopment Agency, stated that building permits cannot be pulled without the signature of the legal property owner. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that all City departments be directed to allow work on Lot 18 by Teddy Bear Tymes, Inc. to proceed to conclusion, and that the City Attorney be directed to expedite and do all follow-up on necessary paperwork. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the resolution authorizing a lease with the YWCA be continued to February 1, 1988. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN ESCROW SERVICES AGREEMENT FOR THE RENTAL REHABILITATION PROGRAM BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY DEVELOPMENT FINANCIAL CORPORATION. (Continued from December 21, 1987) (7) . City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to January 19, 1988. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INTERNATIONAL TECHNOLOGY CORPORATION TO PROVIDE A SOLID WASTE ASSESSMENT TEST (SWAT), AND REPEALING RESOLUTION NO. 87-410. (Con- tinued from December 21, 1987) (9) City Clerk Clark read the title of the resolution. Discussion was held concerning Item 19, a resolution on the Agenda, preempting this resolution. (See Page 11) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the resolution authorizing an agreement with International Technology Corporation, be tabled. . READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the remaining resolutions on the Agenda. 6 1/4/88 . Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 88-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO LINOTYPE FOR THE FURNISHING AND DELIVERY OF TYPESETTING EQUIP- MENT TO BE UTILIZED BY THE CENTRAL SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFI- CATION F-88-04. (Continued from December 21, 1987) (10) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that said reso- lution be adopted. Resolution No. 88-1 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO CRIMINAL INFORMATION HISTORY NEEDED TO EVALUATE PROS- PECTIVE APPLICANTS FOR EMPLOYMENT, CERTIFI- CATION AND LICENSING, AND REPEALING RESOLU- TION NO. 87-16. (Continued from December 21, 1987) (8) City Attorney Penman provided a history regarding the Police Department running background checks, and stated that the resolution should coincide with the penal pro- visions. Shauna Clark, City Clerk, answered questions regard- ing personnel applications requesting notification of any previous convictions. City Administrator Schweitzer answered questions regarding who is permitted to run background checks, and the fingerprinting process. City Clerk Clark answered questions regarding busi- ness licenses for solicitors. . Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to January 19, 1988, so that the Personnel Committee may have an opportunity to review it. 7 1/4/88 . COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC., RELATING TO EQUIPMENT. (City Hall furniture) (Continued from December 21, 1987) (11) In a memorandum dated January 4, 1988, Warren Knud- son, Director of Finance, provided funding alternatives for City Hall furniture and furnishings. City Attorney Penman described difficulties with the lease/purchase agreement, and answered questions regarding the use of Bond Counsel. Roger Hardgrave, City Engineer, answered questions regarding the purchase of the furniture. . Council Member Mauds1ey made a motion, seconded by Council Member Flores and unanimously carried, that the City Attorney, City Treasurer, City Administrator and the Director of Finance be directed to go into the marketplace and secure the best bank loan on the best terms, and determine if there is a viable lease/purchase option available in the marketplace, and bring back the best alternative to the Mayor and Common Council on January 19, 1988. RES. 88-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DEVELOPMENT OF A POOLED EXCESS LIABILITY INSURANCE PROGRAM. (12) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-2 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the City Attorney be directed to prepare a resolution "authorizing the execution and delivery of a liability risk coverage agreement and filing of validation proceed- ings and certain other actions in connection therewith" for consideration on the February 15, 1988, Agenda of the Mayor and Common Council. 8 1/4/88 . RES. 88-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY IMPLEMENTING A 4% SALARY INCREASE EFFECTIVE WITH PAYROLL PERIOD BEGINNING JANUARY 4, 1988, AS APPROVED SEPTEMBER 11, 1987, AND CHANGING THE SALARY RATE OF THE DIRECTOR OF BUILDING AND SAFETY FROM R4164 ($3846-4686/MO) TO R4177 ($4516- 5500/MO) EFFECTIVE JANUARY 4, 1988. (Manage- ment Employees) (13) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-3 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . RES. 88-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..." BY DELETING THE CLASS OF FIELD REPRESENTATIVE AIDE AND ADDING THE CLASS OF COORDINATOR OF VOLUNTEERS AT A FLAT RATE OF $6.0000 PER HOUR. (14) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-4 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY IMPLEMENTING A 4% SALARY INCREASE EFFECTIVE WITH PAYROLL PERIOD BEGINNING JANUARY 4, 1988, AS APPROVED SEPTEMBER 11, 1987. (Confidential Employees) (15) . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. 9 1/4/88 . Resolution No. 88-5 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. I\b- sent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION...CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO", BY CHANGING THE NUMBER OF SENIOR PLANNER POSITIONS FROM 2 TO 3; PLANNER I I POSITIONS FROM 3 TO 4; PLANNER I POSITIONS FROM 3 TO 4 AND ESTABLISHING THE POSITION OF TYPIST CLERK III. (16) Ray Schweitzer, City Administrator, will make sure that the funding for these from revenues from new fees. stated that he positions comes Ann Siracusa, Planning Director, explained the need for the four positions. . Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that staff be directed to provide adequate background and costs regarding the new positions, and come back on January 19, 1988. RES. 88-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SECOND AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICE FOR AN ADDITIONAL TWO YEARS PERIOD. (17) Roger DeFratis, explained why the term January 1, 1987. Acting Director of Personnel, of this agreement is retroactive to Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carr ied, that said resolution be adopted. Resolution No. 88-6 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . 10 1/4/88 . COUNCIL MEMBERS MINOR AND POPE-LUDLAM EXCUSED Council Members Minor and Pope-Ludlam left the Coun- cil Meeting. RES. 88-7 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CER- TAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATE- MENT. (1987 Weed Abatement Assessments) (18) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-7 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Minor, Pope-Ludlam. RES. 88-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRI-CITY CORPORATE CENTER TO PROVIDE SOLID WASTE ASSESSMENT TEST REPORT. (19) . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-8 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Minor, Pope-Ludlam. COONCIL MEMBERS MINOR AND POPE-LUDLAM RETURNED Council Members Minor and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the ordinances on the Agenda. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of said ordinances be waived. . ORDINANCE OF THE CITY OF SAN BERNARDINO PRO- VIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY THEREOF. (Final) (Continued from December 7, 1987) 11 (21) 1/4/88 . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be continued to January 19, 1988. (This action was later reconsidered - See Page 12) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO RE- First ZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87- 10, GENERALLY LOCATED AT THE NORTHEAST CORNER OF CAROLINE STREET AND HUNTS LANE) AND ADOPT- ING THE NEGATIVE DECLARATION FOR ENVIRON- MENTAL REVIEW. (22) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. TRAFFIC FINES COLLECTED AS RESULT OF MISDEMEANORS - COUNTY OF SAN BERNARDINO _ CONTINUED FROM DECEMBER 7, 1987. This is the time and place continued to for consi- deration of the City taking an action against the County of San Bernardino for a percentage of fines collected as a result of individuals convicted of misdemeanors, as pro- v ided for in Sect ion 1463 on the Penal Code. (23) James Penman, City Attorney, recommended that dis- cussion concerning any legal action should be held during Closed Session. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the matter be tabled. . RECONSIDERATION OF AGENDA ITEM 21 - ORDINANCE CONCERNING RENTS FOR MOBILE HOME SITES _ Ken Henderson, Director of Community Development, requested that the Mayor and Common Council reconsider Agenda Item 21, concerning rents for mobile home sites, which was heard earlier in the meeting. (See Page 11) (21) 12 1/4/88 . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that Agenda Item 21, the ordinance concerning rents for mobile home sites, be reconsidered. ORDINANCE OF THE CITY OF SAN BERNARDINO PRO- VIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY THEREOF. (Final) (21) Ken Henderson, Director of Community Development, requested that this ordinance be considered by the Mayor and Common Council on a date other than a regular Council Meeting. Discussion was held concerning the hearing of this item at a separate time. . City Administrator Schweitzer stated that he would be sure to include the setting of an Adjourned Meeting in order to hear the proposed ordinance as an item on the Agenda of the January 19, 1988, meeting of the Mayor and Common Council. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be continued to an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held at 5:00 p.m., Monday, January 25, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 88-9 - RESOLUTION OF THE MAYOR AND COM- MON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE- MENT NO. 48 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 8-5033 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTA- TION. (Traffic Signals at "E" and Eighth Streets) (20) Gene Klatt, Assistant City Engineer, answered ques- tions regarding the best use of funds for the provision of traffic signals at problem intersections, and the manner in which intersections are prioritized. . A report was requested from Assistant City Engineer Klatt concerning the turning lanes on Baseline Street. 13 1/4/88 . Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that said reso- lution be adopted. Resolution No. 88-9 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO, OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AUTHORIZING AND DIRECTING THE EXECUTION OF A STANDARD AGREEMENT AND ANY RELATED DOCUMENTS WITH THE STATE OF CALI- FORNIA FOR THE IMPLEMENTATION AND PARTICI- PATION IN THE RENTAL HOUSING CONSTRUCTION PROGRAM, IN THE FORM OF A SIXTH AMENDMENT TO CONTRACT 80-RHC-003. (R-2) City Clerk Clark read the title of the resolution. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-10 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. ADJOURN MEETING At 12:06 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting adjourn to the workshop scheduled to meet in the Management Information Center, concerning expanded code enforcement and Project Renaissance. RECONVENE MEETING At 12:30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. 14 1/4/88 . LUNCHEON WORKSHOP - EXP~NDED CODE ENFORCEMENT - PROJECT RENAISSANCE - CONTINUED FROM DECEMBER 7, 1987 This is the time and place continued to for a luncheon workshop to consider expanded code enforcement and a plan of action for Project Renaissance. (26, 27 & 28) In a memorandum dated December 22, 1987, James Richardson, Deputy City Administrator, provided a summary of impacts on City departments, which would result from Project Renaissance, and the expanded code enforcement services. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE IMPLEMENTATION OF A PLAN OF ACTION FOR PROJECT RENAISSANCE, SETTING FORTH CERTAIN ACTIONS TO BE TAKEN BY CITY, ASSIGNING CERTAIN RESPONSIBILITIES, AND ESTABLISHING REPORTING REQUIREMENTS OF THE PROJECT MANAGER AND ASSISTANT PROJECT MANAGER. (Continued from December 7, 1987) (27) . Jim Richardson, Deputy City Administrator, answered questions regarding staffing levels in the Department of Building and Safety. He stated that 18 months ago there were 19 staff members, and there are now 21 positions, with the following five vacancies: Director of Building and Safety, Senior and General Building Inspectors, Account Clerk II, Secretary. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the contribution of Redevelopment funds for Project Renaissance. Gerald Newcombe, Fire Chief, objected to a proposal to move a Fire Inspector from the Fire Department to the Department of Building and Safety, as it would reduce the Fire Department's ability to do essential life safety inspections. The Fire Chief stated that at this time, the Fire Department is responding on a complaint basis. Fire Chief Newcombe answered questions regarding fire inspections and the abatement of abandoned vehicles. . Greg Garcia, Project Manager for the Mayor, spoke regarding the functions of the More Attractive Community Committee being primarily in the area of public relations, and of the need for additional code enforcement. 15 1/4/88 . Joe Powers, owner of the Park Del Rosa Apartments, spoke regarding the need for code enforcement. He com- plimented the Mayor and the Police Department for their efforts in crime reduction at the Park Del Rosa Apartments located at Highland Avenue and Guthrie Street. Jim Richardson, Deputy City Administrator, spoke regarding the need for additional vehicles and employees for code enforcement, stating that vehicles could be rented and some employees could be hired on a contract basis. Ken Henderson, Director of Community Development, recommended that the new employees be hired on a full- time basis, because code enforcement requires a lot of follow-up. He further recommended that a rental in- spection program be instituted. Don Burnett, Chief of Police, stated that he is con- vinced that aggressive code enforcement will reduce crime, landlords will be more likely to screen tenants, and pro- perty values will increase. . Phil Arvizo, Executive Assistant to the Council, recommended that due to the amount of money necessary to implement expanded code enforcement, that the Council consider implementing the program in phases, and hiring new employees at the point that the increased fees have brought in enough revenue for additional staff. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter of expanded code enforcement be referred to the Ways and Means Committee for a report back to the Council at their Regular Meeting on Monday, February 1, 1988. ADJOURN WORKSHOP At 1:43 p.m., Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the luncheon workshop adjourn to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . 16 1/4/88 . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. REVIEW OF PLANS 86-51 - MOUNTAIN SHADOWS VILLAS - REQUEST TO GRANDFATHER - STUBBLEFIELD ENTERPRISES - CONTINUED FROM NOVEMBER 16, 1987 This is the time and place continued to for consi- deration of a request from Stubblefield Enterprises, applicant for Review of Plans 86-51, to grandfather the project known as Mountain Shadows Villas, a 29.3 acre proposal for 492 apartment units located at the northerly terminus of Citrus and La praix Avenues, under the prior R-3 Zone District ordinance, and exempt it from the pro- visions of Ordinance MC-550, which was adopted on October 20, 1986. (34) Darlene Fisher, 445 S. Figueroa, Los Angeles, Cali- fornia, representing Stubblefield Enterprises, requested that this proposed project be scheduled in the same manner as like projects, and be set on a regular Council Agenda instead of at a special time. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that consi- deration of grandfathering Review of Plans 86-51 be con- tinued to 5:00 p.m. at the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held Tuesday, January 19, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. PROPOSED REIMBURSEMENT TO CITY FROM APPLICANT - REVIEW OF LIQUEFACTION AND/OR GEOLOGY REPORTS In a memorandum dated December 16, 1987, Ann Sira- cusa, Planning Director, proposed that the City require applicants, who must prepare liquefaction and/or geology reports, to sign a reimbursement agreement with the City and pay a non-refundable deposit at the time the report is provided and before any further processing is done on the application. (35) Ann Siracusa, Planning Director, answered questions regarding collection of the proposed reimbursement for reports fees. . Shauna Clark, City Clerk, raised the question of this matter being required to be heard at a public hearing, as it involves a fee increase. She further stated that fee increases are adopted by resolution. 17 1/4/88 . James Penman, City Attorney, recommended changes in the proposed agreement. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that: 1. the standard agreement for reimbursement by applicants for the costs of review of liquefaction and/or geology reports by City Geologists, be amended as follows: On Line 7, strike the word "deposit" and add "to pay"; Lines 12 - 15 be omitted; Line 18, changed to read "...are greater than $1513...". 2. the Director of Planning be authorized to execute such contracts for reimbursement on behalf of the City if no changes are made in the contract; and . 3. the Planning Department be required to execute the reimbursement agreement by the applicant and to collect $1513 for review of a liquefaction report and/or geology report at the time that such reports are received. Further, direct the Planning Department to suspend processing of the subject application until these actions are accomplished. APPEAL HEARING - DECISION OF BOARD OF BUILDING COMMISSIONERS - DEMOLITION OF PROPERTY _ 823 E. NORMAN ROAD - DENNIS LUTZ, FIREMAN'S FUND MORTGAGE CORPORATION This is the time and place set for an appeal hearing requested by Dennis I. Lutz, Vice President of Fireman's Fund Mortgage Corporation, owner of property located at 823 E. Norman Road, concerning the decision of the Board of Building Commissioners to demolish the building. (5 ) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the appeal hearing be continued to 9:313 a.m., Tuesday, January 19, 1988, in order for a representative concerning the appeal to be present. . ANNUAL REPORT - SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL - CONTINUED FROM DECEMBER 7, 1987 This is the time and place continued to for an annual report from the San Bernardino Economic Development Coun- cil, concerning their activities during the past year. (24) 18 1/4/88 . Discussion was held concerning the absence of a representative from the Economic Development Council to make a report to the Mayor and Common Council. City Attorney Penman stated that his office has received some individual reports concerning activities of the Economic Development Council. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the annual report from the San Bernardino Economic Develop- ment Council be continued to Tuesday, January 19, 1988, and that the Chairperson and Executive Director of the San Bernardino Economic Development Council be notified. UNDERGROUNDING OF UTILITIES EXEMPTION - PARCEL 2, MAP 2676 - PARKS IDE AND PARKDALE - COUNCIL MEMBER MILLER - CONTINUED FROM DECEMBER 21, 1987 In a memorandum dated December 28, 1987, Roger Hard- grave, City Engineer, advised the estimated cost for undergrounding utilities for Parcel 2 of Parcel Map No. 2676, the second lot from the southwest corner of park- side and Parkdale Drives, on Parkdale. (25) . Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the request for exemption of the requirement of underground- ing utilities for Parcel 2 of Parcel Map No. 2676, be continued to January 19, 1988. SETTING OF PUBLIC HEARING - LEASE AGREEMENT AMENDMENT - HOME OF NEIGHBORLY SERVICES, INC. In a memorandum dated December 17, 1987, City Attor- ney Penman stated that the operation of a day care center on property leased to the Home of Neighborly Service, Inc. represents liability exposure to the City, and recommended the amendment of the lease agreement to require them to maintain liability insurance in the amount of $3,000,000 per individual and $6,000,000 per incident. (29) In a letter dated December 7, 1987, Charles Tolbert, Executive Director of the Home of Neighborly Service, Inc., stated that their budget will not accommodate any additional insurance costs. . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that a public hearing be set for 9:30 a.m., Tuesday, January 19, 1988, concerning the proposed lease agreement amendment with the Home of Neighborly Service, Inc., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. 19 1/4/88 . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. REPORT ON DISPOSITION OF CASES FILED AGAINST CITY - CONTINUED FROM DECEMBER 21, 1987 In a memorandum dated December 28, 1987, Deputy City Administrator Robbins provided information regarding claims and settlement costs for a five-year period, itemized by department. (33) Discussion was held concerning Council Members Estrada and Maudsley meeting to evaluate the report. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the report on the disposition of cases filed against the City be continued to Monday, February 15, 1988. . RECESS MEETING - CLOSED SESSION At 2:40 p.m., Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Sections 54956.9(b) (1), as there is signi- ficant exposure to litigation; and Section 54946.9 (a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (31 & 32) Robert Baltierra vs. City of San Bernardino - 86 SBR 216157; Hezekiah Bolton vs. City of San Bernardino - 85 SBR 113432; Rob~.E.!~~~yto!:!.~-,-~l!Y~~5!.!:!.~.E.!!5!. rd i no - 86 122755. R e~~5!..E.~.E.!.~~_ C i !L~!~5!.!:!._ Be .E.!!5!. r din 0 - 87 SBR 126940; Geo~~arr~-""-~~i!Y-9.!~!!~~rna.E.di!:!.~ - 86 SBR 123971; Tim Deveraux vs. CitY~i~an~ern5!..E.~i!:!.~ - 85 SBR 107352; Leonard Becker vs. City of San Bernardino - 86 SBR 118428;-------------------------------- . We s l~Y~l~!!!:!._2~~l!Y~i~ a n 2.~.E.!:!.5!..E.~i!:!.~ - 84 SBR 102138 ; 20 1/4/88 . Barry Malleck vs. City of San Bernardino, et al Federal District Court Case No. 87-1615 AWT(BX)i City of San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 239"193-:--- CLOSED SESSION At 2:40 p.m., Mayor wilcox called the Closed Session to order in the Conference Room, Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present were: Denise Brue, Assistant City Attorney; Josie Nagy, Worker's Compensation Specialist. WORKER'S COMPENSATION SPECIALIST NAGY EXCUSED Josie Nagy, Worker's Compensation Specialist, left the Council Meeting. . ADJOURN CLOSED SESSION At 4:25 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting. RECONVENE MEETING At 4:25 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. . SAN BERNARDINO SPIRIT BASEBALL CLUB Council Member Miller made a motion, seconded by Council Member Minor, that the City Attorney be directed to inform the Spirit Baseball Club that they have thirty days to come up with the required $5,000,000.00 insurance policy, a security bond (the a,llount of which will be determined by the Ways and Means Committee) and final resolution of the sound problem. (31) 21 1/4/88 . City Attorney Penman answered questions regarding the form of security acceptable to the City. The need for a net to catch foul balls was discussed. Council Member Miller's motion carried unanimously. SPEED LIMIT - UNIVERSITY DRIVE, FROM KENDALL DRIVE SOUTH TO THE RAILROAD TRACKS - EMERGENCY CONSIDERATION As an emergency consideration item, Council Member Minor requested discussion of a health and safety hazard due to excessive speed patterns in the area of University Parkway, from Kendall Drive south to the railroad tracks. Jim Penman, City Attorney, read the emergency pro- visions of the Brown Act. In order to discuss an off- the-agenda item, the issue must have arisen subsequent to the posting of the Council agenda. City Engineer Hardgrave answered questions regarding a major construction project in the area, stating that the construction contract has been awarded, but that work has not yet started on the project. . Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that consi- deration of imposing a 35 MPH speed limit on University Parkway, from Kendall Drive south to the railroad tracks, be placed on the agenda of an Adjourned Regular Meeting to be held 9:00 a.m., Friday, January 8, 1988. ADJOURNMENT At 4:40 p.m., the meeting adjourned to 9:00 a.m., Friday, January 8, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. c~//7?o>/a~~ ,/ Ci ty Clerk No. of Items: 38 No. of Hours: 6'> . 22 1/4/88