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HomeMy WebLinkAbout03-07-1988 Minutes . City of San Bernardino, California March 7, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:00 a.m.. on Monday, March 7, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by the Reverend Keith Banks of Trinity United Methodist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Flores, Mayor Pro Tempore. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Flores, Maudsley, Minor, Miller; City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Reilly, Pope-Ludlam, City Attorney Penman. . PROCLAMATION - MARCH, 1988 - WOMEN'S HISTORY 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 March, 1988, as Women's History Month, to acknowledge the contributions made by women to the welfare of the nation. (A) Debbie Nadeau, Chairwoman of the Women's History Committee, was present to accept the proclamation. She extended an invitation to everyone to attend a luncheon to be held at 11: 30 a.m., March 29, 1988, at the Heritage House. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM ARRIVED At 9:03 a.m., Council Members Estrada and Pope-Ludlam arrived at the Council Meeting and took their places at the Council Table. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 9:05 a.m., Senior Assistant City Attorney Barlow arrived at the Council Meeting. . 1 3/7/88 . PROCLAMATION - MARCH, 1988 - PARKS FOR KIDS 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 March, 1988, as Parks for Kids Month, to support a children's program to supply needed equipment for Seccombe Lake Park. (A) Rhoda Fox of the Parks and Recreation Commission, John Kramer of the Parks and Recreation Department, and Mike Murphy of "The Sun", were present to accept the proc- lamation. PROCLAMATION - MARCH, 1988 - AMNESTY MONTH Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming March, 1988, as Amnesty Month in the City of San Bernardino, providing illegal aliens the opportunity to apply for citizenship. (A) Esther Ruvalcaba and Molly Potter of the Immigration and Naturalization Service, were present to accept the proclamation and invited everyone to attend their open house on Saturday, March 12, 1988, at 1285 Columbia Ave- nue, Riverside, California. . RECESS MEETING - ARBOR DAY CELEBRATION At 9:10 a.m., the Council Meeting recessed to the plaza outside of City Hall for an Arbor Day Celebration. (A) The Mayor and Common Council participated in a tree planting ceremony in the plaza area outside of City Hall. Gerald Stoops, Chairman of the Arbor Day Committee, made a presentation in commemoration of Arbor Day. Dr. Neal Roberts, Superintendent of the San Bernar- dino City Unified School District, spoke regarding the celebration of Arbor Day by students of the school dis- trict. The San Bernardino High School band provided musical entertainment. RECONVENE MEETING At 9:40 a.m., the Regular Meeting of the ~layor and Common Council of the City of San Bernardino, reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 2 3/7/88 . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clerk, City Administrator Schweitzer. Absent: Council Member Reilly; City Attorney Penman. PUBLIC COMMENTS - THE SWORD - HOUSE OF YING A citizen, identifying himself as the Sword, Commander-in-Chief of the House of Ying, Ltd., spoke regarding the homeless. (C) CITY ATTORNEY PENMAN ARRIVED At 9:48 a.m., City Attorney Penman arrived at the Council Meeting. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . APPROVE MINUTES - FEBRUARY 5, 1988 Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 5th day of Feb- ruary, 1988, be approved as submitted in typewritten form. (1 ) APPROVE MINUTES - FEBRUARY 15, 1988 Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Co~mon Council of the City of San Bernardino held on the 15th day of Feb- ruary, 1988, be approved as submitted in typewritten form. (2 ) APPROVE MINUTES - FEBRUARY 18, 1988 Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 18th day of Feb- ruary, 1988, be approved as submitted in typewritten form. (3 ) APPROVE MINUTES - FEBRUARY 25, 1988 Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 25th day of Feb- ruary, 1988, be approved as submitted in typewritten form. (4 ) . 3 3/7/88 . APPROVE MINUTES - FEBRUARY 29, 1988 Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 29th day of Feb- ruary, 1988, be approved as submitted in typewritten form. (5 ) DEMOLITION - RESIDENCE - 2477 E. PACIFIC AVENUE - PATTON PARK In a memorandum dated January 26, 1988, Annie Ramos, Director of the Parks, Recreation and Community Services Department, submitted a request to the Community Develop- ment Department for a demolition assistance grant not to exceed $3,000 to have the single family wood frame dwel- ling located at 2477 E. Pacific Avenue demolished. This building was once occupied by the Patton Park maintenance caretaker. (7) . In a memorandum dated February 22, 1988, Ken Hender- son, Director of Community Development, recommended the demolition of the City-owned, residential structure at 2477 E. Pacific Avenue (Patton Park), as it is unfit for habitation. Further, it is a blighting influence to the neighborhood, a hazard to public safety, and attracts vandals and trespassers. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that staff be authorized to advertise for bids for the demolition of the residential structure located at 2477 E. Pacific Avenue. OUT-OF-STATE TRAVEL - SENIOR ASSISTANT CITY ATTORNEY BARLOW - 53RD MID-YEAR SEMINAR - NIMLO - WASHINGTON, D.C. - MARCH 13 - 15, 1988 In a memorandum dated February 24, 1988, City Attor- ney Penman, requested authorization for Senior Assistant City Attorney Barlow to travel to Washington, D.C. to attend the 53rd Mid-Year Seminar sponsored by Nimlo, to be held March 13 - 15, 1987. (8) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the request by the Senior Assistant City Attorney for authori- zation to travel out-of-state for the purpose of attending the 53rd Mid-Year Seminar sponsored by the National Institute of Municipal Law Officers to be held March 13 - 15, 1988, in WaShington, D.C., be approved. . 4 3/7/88 . FDR BOWL - PERRIS HILL PARK - JUNIOR UNIVERSITY - ACCEPTANCE OF INSURANCE PREMIUM IN LIEU OF RENTAL FEES In a memorandum dated February 24, 1983, Annie Ramos, Director of Parks, Recreation and Community Services, requested that Junior University, which has been conduct- ing youth theatre at the FDR Bowl in Perris Hill Park for nearly two decades, be permitted to pay insurance premium costs for use of the bowl from May 7 - August 2, 1988, in lieu of rental fees. (9) In a letter dated February 22, 1988, Harry Sandahl of the San Bernardino Junior University, Inc. stated that the organization is providing a $1,000,000 comprehensive liability policy covering the City for use of the FDR Bowl. Council c i 1 Member acceptance University authorized. Member Minor made a motion, seconded by Coun- Miller and unanimously carried, that the of payment of an insurance premium by Junior in lieu of rental fee for FDR Bowl, be . ENCANTO SOFTBALL FIELD - JUNIOR ALL AMERICAN FOOTBALL - ACCEPTANCE OF INSURANCE PREMIUM IN LIEU OF RENTAL FEES In a memorandum dated February 24, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, requested that Junior All American Football, a local youth sports organization requesting the use of the Encanto Park softball field for a fundraising tournament on March 18 - 20, 1988, be permitted to pay its insurance premium in lieu of rental fees. (10) Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the acceptance of payment of an insurance premium by Junior All American Football in lieu of rental fees for Encanto Park softball field, be authorized. . FIVE-LEVEL PARKING STRUCTURE - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - UPGRADING SIGNS AND STRIPING In a memorandum dated February 25, 1988, Roger Hard- grave, City Engineer, stated that plans and specifications have been prepared by International Parking Design, Inc., as retained by the Maruko Hotel, for the upgrading and striping of the five-level parking structure, and the project is ready to be advertised for bids. The total estimated project cost is $62,600. (11) 5 3/7/88 . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the plans for upgrading the signs and striping in the five-level parking structure, in accordance with Plan No. 7452, be approved, and the Director of Public Works/City Engineer, be authorized to advertise for bids. STREET NAME CHANGE - BRIER DRIVE - BETWEEN TIPPECANOE AVENUE AND CARNEGIE DRIVE - TO JOE BRIER DRIVE In a memorandum dated February 18, 1988, Roger Hard- grave, City Engineer, stated that a request has been received from the Redevelopment Agency to change the name of Brier Drive, between Tippecanoe Avenue and Carnegie Drive, to Joe Brier Drive. (12) Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the Real Property Section of the Public Works Department be authorized and directed to proceed with changing the name of Brier Drive, between Tippecanoe and Carnegie Drive, to Joe Brier Drive. . SETTING OF PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT NO. 10 - SECCOMBE LAKE - APPROVAL OF ENGINEER'S REPORT - CONFIRMATION OF COSTS AND ASSESSMENT ROLL In a memorandum dated February 11, 1988, Roger Hard- grave, City Engineer, stated that since the November, 1983, creation of Underground Utility District No. 10, located between Fifth and Sixth Streets and between Sierra Way and Belle Street, all property owners were notified of improvements to be constructed at their expense. Notifi- cation was also made that any improvements not in place by July, 1986, would be constructed by the City Engineer and all costs assessed by lien against the benefiting pro- perty. (13) City Engineer Hardgrave provided a list of under- ground facilities improvements made by the City and their costs, along with a list of properties against which said costs are to be assessed. . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the costs to be levied against the parcels of land as contained in the report submitted by the Director of Public Works/City Engineer, relative to Underground Utility District No. 10, are correctly set forth, and the report and costs are hereby approved. 6 3/7/88 . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that 10:00 a.m., Monday, March 21, 1988, be set as the hour and date to hear protests relative to the costs of undergrounding of utilities for Underground Utility District No. 10. SETTING OF PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT NO. 13 - DOWNTOWN - APPROVAL OF ENGINEER'S REPORT - CONFIRMATION OF COSTS AND ASSESSMENT ROLL In a memorandum dated February 10, 1988, Roger Hard- grave, City Engineer, stated that since the December, 1984, creation of Underground Utility District No. 13, located between Third and Fifth Streets and between Water- man Avenue and Interstate 215, all property owners were notified of improvements to be constructed at their expense. Notification was also made that any improvements not in place by February, 1987, would be constructed by the City and all costs assessed by lien against the bene- fiting property. (14) . City Engineer Hardgrave provided a list of proposed underground facilities and their costs, along with a list of properties against which said costs are to be assessed, stating that the construction of the underground facili- ties has been completed in only a portion of the district due to time constraints of Southern California Edison Company. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the costs to be levied against the parcels of land as contained in the report submitted by the Director of Public Works/City Engineer, relative to Underground Utility District No. 13, are correctly set forth and the report and costs are here- by approved. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that 10:00 a.m., Monday, March 21, 1988, be set as the hour and date to hear protests relative to the costs of undergrounding of utilities for Underground Utility District No. 13. . STORM DRAIN - NORTHPARK BOULEVARD, FROM MAYFIELD TO ELECTRIC AVENUES - FINDING OF NEED FOR HEALTH AND SAFETY In a memorandum dated February 23, 1988, Roger Hard- grave, City Engineer, described the water flow problems on Northpark Boulevard from Mayfield to Electric Avenues, due to the continuous flow of surface water. The Storm Drain Master Plan calls for a pipe in Northpark Boulevard. (15 ) 7 3/7/88 . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that a finding be made that the installation of a storm drain in North- park Boulevard, from Mayfield Avenue to Electric Avenue, is needed for health and safety reasons. RELIEF SEWER - CIRCLE ROAD - NORTH OF EDGEHILL ROAD - FINDING OF NEED FOR HEALTH AND SAFETY In a memorandum dated February 22, 1988, Roger Hard- grave, City Engineer, stated that the sewer line installed in a ten-foot easement from Circle Road to Edgehill Road periodically becomes plugged with roots, resulting in raw sewage draining down the driveway of the residence at 808 Edgehill Road. (16) Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that a finding be made that the installation of a relief sewer in Circle Road, from Edgehill Road to a point approximately 525 feet to the north, is needed for health and safety reasons. . STORM DRAIN - 21ST STREET - FROM TWIN CREEK CHANNEL TO SAN GABRIEL STREET - FINDING OF NEED FOR HEALTH AND SAFETY In a memorandum dated February 22, 1988, Roger Hard- grave, City Engineer, described flooding problems where San Gabriel Street turns westerly into Niles. There is also a pronounced dip in 21st Street at San Gabriel, which drains the storm water flowing easterly along the north curb of the street. (17) Council Member Minor made a motion, seconded cil Member Miller and unanimously carried, that a be made that the installation of a 42-inch storm 21st Street, from Twin Creek Channel to San Street, is needed for health and safety reasons. by Coun- finding drain in Gabriel CULVERT CROSSING - 48TH STREET - DEVIL'S CANYON DIVERSION CHANNEL - FINDING OF NEED FOR HEALTH AND SAFETY In a memorandum dated February 15, 1988, Roger Hard- grave, City Engineer, described the hazards present where 48th Street crosses Devil's Canyon Diversion Channel in a dip section, and pavement maintenance problems caused by continuous drainage. (18) . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that a finding be made that the construction of a culvert on 48th Street, at Devil's Canyon Diversion Channel, is needed for health and safety reasons. 8 3/7/88 . CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the claims and payrolls and authorization of issuance of warrants as listed on the memorandum from the Director of Finance be approved as follows: (19) 1. Approve the register of demand dated: February 3, 1988 87/88 #28 $1,337,991.90 February 11, 1988 87/88 #29 $ 644,200.21 February 17, 1988 87/88 #30 $3,089,722.85 February 24, 1988 87/88 #31 $ 362,675.40 2. Approve the total gross payroll for the period January 18, 1988, through January 31, 1988, in the amount of $1,370,602.33. Approve the total gross payroll for the period February 1, 1988, through February 14, 1988, in the amount of $1,353,756.03. . PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the Per- sonnel Actions, submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved as follows: (20) APPOINTMENTS City Attorney Susan M. Salado - Legal Secretary II - Effective March 14, 1988 Fire Department Firefighter - Effective March 8, 1988 Joseph A. Aguirre Vincent P. McKay Sheryl M. Winn Police Department Tisha C. Calderilla - Police Clerical Trainee - Effective March 8, 1988 Dennis A. Houser - Dispatcher I - Effective March 8, 1988 . Public Works/Public Buildings John T. Cochrane - Building Maintenance Mechanic - Effective March 8, 1988 9 3/7/88 . APPOINTMENT/TEMPORARY Administration CATV Production/Programming Assistant - Effective March 8, 1988 - September 7, 1988 Martha L. Guerrero Bruce C. Hill Dale C. Schwark Jack L. Webb Ron T. Harvey Ri ta M. Lopez Debbie C. Strickland Police Department Law Enforcement Trainee - Effective March 8, 1988 - September 7, 1988 Bristol B. Jackson Arlene C. Patton Michael D. Sylva Anthony C. Olive Deborah L. Stenersen Crossing Guard - Effective March 8, 1988 - September 7, 1988 . Alvin C. Adams Freddie Cleveland Maria C. Flores Roxanne D. Smith Victor Almarez Flora L. Corral Louie Sanchez Hercules Taylor Public Buildings Custodial Aide - Effective March 8, 1988 - September 7, 1988 Adolph E. Garza Richard A. Hernandez Robert B. Macias Keith A. Shunklin Junious T. Goodwill Kenric V. King Gary M. Richardson Edward E. Storey Mark S. Meis - Security Officer - Effective March 8, 1988 - September 7, 1988 Parks, Recreation & Community Services Carlos Romero - Recreation Aide - Effective March 8, 1988 - September 5, 1988 Recreation Specialist - Effective March 8, 1988 - September 5, 1988 . Consuelito Guerra Stella Vargas 10 3/7/88 . Recreation Leader - Effective March 8, 1988 - September 5, 1988 Kenny Botello Conder Seasholtz Darnell Perry Trudy Thomas - Coach Operator - Effective March 8, 1988 - September 5, 1988 Supervising Lifeguard - Effective March 8, 1988 John Wesling Ruby Wright-Cortinas Thomas Wilson Senior Services Aide - Effective March 8, 1988 - September 5, 1988 Madeline Garcia Dorothy Beason Winifred Treas Andrew M. Swanson Senior Recreation Leader - Effective March 8, 1988 - September 5, 1988 . Melba Crawford Gregory Torres Teresa Rodriguez Alex Trujillo Robert A. Kincade - Coach Operator - Effective March 8, 1988 - September 5, 1988 Diana Encinas - Teacher Aide - Effective March 8, 1988 - September 5, 1988 Vivian Arellano - Food Service Worker I - Effective March 8, 1988 - September 5, 1988 Public Services/Refuse Extra Relief Heavy Laborer - Effective March 8, 1988 - September 7, 1988 Mark A. Becerra Jesus Gomez Steven Henry Eliazer G. Leal Dennis Moreno Celio S. Rodriquez Floyd Walker Matthew J. Briones Brian Hemphill David Leal Rod W. Monroe Kim Nolin Andrew Romo James W. Walker . 11 3/7/88 . PROMOTION Planning Department Sandra K. Paulsen - From Planner II to Senior Planner - Effective March 8, 1988 Police Department Russell W. Smith - From Dispatcher I to Dispatcher II - Effective March 8, 1988 LEAVE OF ABSENCE WITHOUT PAY/MATERNITY Police Department Mary Bennett - Dispatcher II - Effective February 12, 1988 Cynthia K. Sepulveda - Dispatcher II - Effective March 1, 1988 HIGHER ACTING CLASSIFICATION Michael T. Holt - Refuse Operator III - Effective February 2, 1988 - March 26, 1988 . FISCAL YEAR 1988/89 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MIX - APPROVAL AND ADOPTION - AUTHORIZATION TO SOLICIT PROPOSALS In a memorandum dated February 19, 1988, Ken Hender- son, Director of Community Development, recommended a Community Development Block Grant Program Mix for the Fiscal Year 1988/89. (6) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, to continue discussion of the Community Development Block Grant Pro- gram Mix for the Fiscal Year 1988/89 until later in the afternoon. (See Page 38) COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. . APPEAL HEARING - DEMOLITION - RESIDENCE - 151 S. "I" STREET - PETER MIER, OWNER - CONTINUED FROM DECEMBER 21, 1987 This is the time and place continued to for an appeal hearing concerning the Board of Building Commissioners' recommendation to order the demolition of a vacant resi- dential structure located at 151 S. "I" Street, owned by Peter Mier. (21) 12 3/7/88 . In a memorandum dated March 4, 1988, Mark Sutton, Director of Building and Safety, provided background information regarding the condition of the structure located at 151 S. "I" Street, stating that the property lost its vested right to continue as a residential use. Mr. Peter Mier, owner of the building, appealed the demolition of the property which had lost its vested right to continue as a residential use. At the January 4, 1988, meeting of the Mayor and Common Council of the City of San Bernardino, Mr. Mier was granted 90 days to rehabilitate the structure. Mr. Mier was issued a 60-day rehabilitation permit, which expires this date. As of March 4, 1988, no attempts had been made to rehabilitate the property. Mr. Peter Mier, property owner, spoke regard ing rehabilitation work done on the property over the previous weekend, stating that it would be completed by Friday. Mark Sutton, Director answered questions regarding rehabilitation permit. of Building and Safety, the expiration of Mr. Mier's . Mr. Mier, property owner, answered questions, stating that he had not had the money to rehabilitate the property sooner. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the hearing be closed and the recommendation of the Building and Safety Commission to demolish the property located at 151 S. "I" Street, be supported. HEARING - MILL STREET STORM DRAIN - SHARING OF COSTS WITH CITY OF COLTON - CONTINUED FROM FEBRUARY 1, 1988 This is the time and place continued to for a hearing concerning the request of the City of Colton to have the City of San Bernardino share in the costs of constructing Phase I of the Mill Street storm drain. (See Item 61a - Page 36) (22) In a memorandum dated February 18, 1988, Ray Sch- weitzer, City Administrator, provided the recommendations of the Ways and Means Committee, stipulating conditions by which the the City of San Bernardino would share in the costs of the construction of the storm drain. . 13 3/7/88 . Frank Gonzales, Mayor of Colton, asked that the Mayor and Common Council of the City of San Bernardino accept the recommendation of the Ways and Means Committee. Frank Benest, Colton City Manager, answered questions regarding the proposal. James Penman, City Attorney, answered questions re- garding the preparation of a resolution for an agreement in principle with the recommendations of the Ways and Means Committee. The four-point recommendation of the Ways and Means Committee reads as follows: 1. That the City of San Bernardino agree to pay not more than $211,000 over a two-year period to correct said problem. . 2. Such payment shall be made only upon the condition that the duly authorized represen- tatives of the City of Colton agree to hold the City of San Bernardino harmless and in- demnify and agree to defend the City of San Bernardino from any and all claims presently existing, or which may hereafter arise as to this drainage problem. 3. This agreement shall not be construed as and does not in fact constitute an admission of liability on the part of the City of San Bernardino or any of its officers or employees. 4. The remaining drainage problems contained in Project #3-6 are determined to be regional and beyond the jurisdiction of the two cities to resolve. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed, that the recommendations of the Ways and Means Committee be accepted, and that the City Attor- ney be directed to corne back with proper documentation in order to implement the agreement. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 14 3/7/88 . PUBLIC HEARING - AGREEMENT AMENDMENT - HOME OF NEIGHBORLY SERVICE - LEASE OF CLASSROOMS FOR DAY CARE CENTER - CONTINUED FROM JANUARY 25, 1988 This is the time and place continued to for a public hearing concerning the amendment of the agreement with the Home of Neighborly Service regarding the insurance requirement set forth in Section 2 of their lease of three temporary classrooms for day care center use. (23) Mayor wilcox opened the hearing. James Penman, City Attorney, answered questions re- garding the City's liability in City-owned properties leased to private business, particularly for use as day care facilities with young children. He further answered questions regarding the City's need to require three to six million dollars worth of liability insurance. Mr. Tolbert of the Home of Neighborly Service an- swered questions regarding insurance costs. Discussion was held concerning research needed in order to answer insurance and liability questions. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed, that the current agreement with the Home of Neighborly Service stand as is, but the Council reserves the right to make modifications pending a report to the Ways and Means Committee from the City Attorney re- garding the extent of the City's liability and the avail- ability of liability insurance at the limits being re- quested by the City Attorney. READING AND WAIVING OF RESOLUTIONS Shauna Clark, City Clerk, read the titles of all of the resolutions on the Agenda. Council Member Flores made a motion, Council Member Minor and unanimously carried, reading of the resolutions be waived. seconded by that further . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 79-425 ENTITLED IN PART, "RESOLUTION...ESTABLISHING A SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES CONSTRUCTION...", AND AMENDING THE DRAINAGE FEES FOR LAND SUBDIVISION AND DEVELOPMENT WITHIN THE CITY OF SAN BERNARDINO. (Con- tinued from February 15, 1988) (25) 15 3/7/88 . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held April 4, 1988. RES. 88-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LARRY JACINTO CONSTRUCTION FOR DEMOLITION AND CLEARANCE OF THE SAN BERNARDINO AREA CHAMBER OF COMMERCE PARKING LOT LOCATED AT 546 WEST SIXTH STREET, SAN BERNARDINO, CALIFORNIA. (26) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-55 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. . RES. 88-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO L. KELLY DEMOLITION FOR DEMOLITION AND CLEARANCE OF THE GOODWILL INDUSTRIES, INC., STRUCTURE LOCATED AT 899 WEST THIRD STREET, SAN BERNAR- DINO, CALIFORNIA. (27) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-56 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-57 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO L. KELLY DEMOLITION FOR DEMOLITION AND CLEARANCE OF THE RESIDENTIAL STRUCTURE LOCATED AT 1094 SOUTH LINCOLN AVENUE, SAN BERNARDINO, CALI- FORNIA. (28) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. . 16 3/7/88 . Resolution No. 88-57 was vote: Ayes: Council Members Minor, Miller. Noes: None. Reilly, Pope-Ludlam. adopted Estrada, Absent: by the following Flores, Maudsley, Council Members RES. 88-58 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION BY THE MAYOR AND COMMON COUNCIL OF A MEMORANDUM OF UNDER- STANDING FOR A NUTRITION FOR SENIORS PROGRAM BETWEEN THE CITY OF SAN BERNARDINO AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BER- NARDINO. (29) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-58 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. . RES. 88-59 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION. (30) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-59 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-60 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 84-429 ENT ITLED IN PART "RESOLUTION... PROVIDING NOTICE OF THE TIMES, DATES AND PLACES OF REGULAR MEETINGS OF THE VARIOUS BOARDS, COM- MISSIONS, AND COMMITTEES..." TO CHANGE THE TIME THAT THE CIVIL SERVICE BOARD MEETS FROM 3:30 P.M. TO 9:00 A.M. (31) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. . 17 3/7/88 . Resolution No. 88-60 was vote: Ayes: Council Members Minor, Miller. Noes: None. Reilly, Pope-Ludlam. adopted Estrada, Absent: by the following Flores, Maudsley, Council Members RES. 88-61 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AND SUBMIT AN APPLICATION AND GRANT AWARD TO THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR THE SAN BER- NARDINO CITY COMMUNITY CRIME RESISTANCE PRO- GRAM. (32 ) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-61 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. . RES. 88-62 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EUGENE R. HENRIKSEN, RELATING TO POLICE FIREARMS TRAINING, AND REPEALING RESOLUTION NO. 87-344. (33) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-62 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-63 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SAN BERNAR- DINO AND THE STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL. (34) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. . Resolution No. 88-63 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. 18 3/7/88 . RES. 88-64 - 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. (Weed Abatement) (35) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-64 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-65 - RESOLUTION OF THE CITY OF BERNARDINO ADOPTING STANDARD REQUIREMENT 11 RELATING TO UNDERGROUND UTILITY LINES. SAN NO. (36) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. . Resolution No. 88-65 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88 -66 - A RESOLUT ION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 969 FOR THE MAINTENANCE OF LANDSCAPING IN POR- TIONS OF IRVINGTON AVENUE AND OLIVE AVENUE, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 969. (37) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-66 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. . 19 3/7/88 . RES. 88-67 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 976 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LANDSCAPING 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. 976. (38) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-67 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. . RES. 88-68 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 981 FOR THE MAINTENANCE OF LANDSCAPING IN POR- TIONS OF MERIDIAN AVENUE NORTH OF RANDALL AVENUE AND IN THE DRAINAGE AREA LOCATED ON THE NORTH S IDE OF PLEASANT WAY EAST OF MERIDIAN AVENUE, IN THE CITY OF SAN BERNAR- DINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 981. (39) Council Member Minor made motion, seconded by Council Member Estrada and unanimously carried, that said resolu- tion be adopted. Resolution No. 88-68 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-69 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN PROPOSALS AND AGREEMENTS. (BOND COUNSEL, UNDERWRITER AND ASSESSMENT ENGINEER) (Best, Best & Kreiger, Bond Counsel Stone & Youngberg, Under- Writing - Willden Associate, Assessment Engi- neer for Assessment District No. 985 - Indus- trial Parkway Improvement District) (40) . 20 3/7/88 . council Member Minor made motion, seconded by Council Member Estrada and unanimously carried, that said resolu- tion be adopted. Resolution No. 88-69 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-70 - A RESOLUTION OF THE Cay OF SAN BERNARDINO CHANGING THE NAME OF UNIVERSAL STREET, WEST OF JASMINE STREET, TO UNIVERSAL AVENUE, WITH AN EFFECTIVE DATE OF APRIL 1, 1988. (41) Council Member Minor made motion, seconded by Council Member Estrada and unanimously carried, that said resolu- tion be adopted. Resolution No. 88-70 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, ~liller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. . RES. 88-71 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTA- TION COMPANY RELATING TO INSTALLATION OF A PRE-EXEMPTION CIRCUIT AT THE HUNTS LANE GRADE CROSSING. (43) Council Member Minor made motion, seconded by Council Member Estrada and unanimously carried, that said resolu- tion be adopted. Resolution No. 88-71 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH JUNIOR ALL AMERICAN FOOTBALL, MESA CHAPTER, RELATING TO PROPERTY LOCATED AT 1244 WEST NINTH STREET. (42) . James Penman, Ci ty Attorney, answered questions regarding the property, stating that pre-school children are not involved, and the building is not owned by the City, only the land. 21 3/7/88 . Council Member Estrada made motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the discussion concerning the lease of property located at 1244 West Ninth Street be continued to later in the after- noon. (See Page 39) RES. 88-72 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TRAFFIC SAFETY PROJECT AGREEMENT WITH THE OFFICE OF TRAFFIC SAFETY RELATING TO A TRAFFIC CONTROL DEVICE INVENTORY. (44) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-72 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. . RES. 88-73 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, RELATING TO THE PAYMENT OF $50,000 TOWARD THE COST OF INSTAL- LING TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD. (45) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-73 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-74 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA RE- LATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT SECOND STREET AND ROUTE I-215 FREEWAY RAMPS. (46) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. . 22 3/7/88 . Resolution No. 88-74 was vote: Ayes: Council Members Minor, Miller. Noes: None. Reilly, Pope-Ludlam. adopted Estrada, Absent: by the following Flores, Maudsley, Council Members RES. 88-75 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO C & D MANUFAC- TURING COMPANY FOR THE FURNISHING AND DELIV- ERY OF THREE (3) CUBIC YARD AND FOUR (4) CUBIC YARD REFUSE CONTAINERS CONSISTING OF: CATEGORY I - 100 EACH THREE (3) CUBIC YARD REFUSE CONTAINERS, AND CATEGORY II - FIFTY (50) EACH FOUR (4) CUBIC YARD REFUSE CON- TAINERS TO BE UTILIZED BY THE PUBLIC SER- VICES/REFUSE DEPARTMENT IN ACCORDANCE WITH SPECIFICATION NO. F-88-06. (47) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. . Resolution No. 88-75 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HAROLD A. PARKEY RELATING TO CONSULTING SERVICES. (48) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-76 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. RES. 88-77 - A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING INCREASES TO WATER RATES ESTABLISHED BY THE BOARD OF WATER COMMIS- SIONERS, AS SET FORTH IN RULES AND REGULA- TIONS NUMBERS 14 AND 21 OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO. (49) . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that said resolution be adopted. 23 3/7/88 . Resolution No. 88-77 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly, Pope-Ludlam. PUBLIC HEARING - SAAB VS. THE CITY OF SAN BERNARDINO - SUPERIOR COURT CASE 234561 - SCHOOL IMPACTION FEES - CONTINUED FROM FEBRUARY 15, 1988 This is the time and place continued to for a public hearing concerning Saab vs. the City of San Bernardino, Superior Court Case 234561, regarding school impaction fees. This case has previously been known as Landtech and Plaza Development. (24) City Attorney Penman stated that Attorney Gary Smith, representing Saab, is presently in Victorville in court and telephoned to request a continuance of this item. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the public hearing concerning Saab vs. the City of San Bernar- dino, Superior Court Case 234561, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, at 10:30 a.m., April 4, 1988. . READING AND WAIVING OF ORDINANCES Shauna Clark, City Clerk, read the titles of the ordinances on the Agenda. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the ordinances be waived. ORD. MC-619 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 9.84.020 AND 9.84.030 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE A MINIMUM TWO-DAY JAIL SENTENCE FOR THE UNLAWFUL DISCHARGE OF A FIREARM AND DEFINING THE TERM FIREARM. (52) FINAL Council Member Flores made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance No. MC-619 was adopted vote: Ayes: Council Members Estrada, Minor. Noes: Council Member Miller. Members Reilly, Pope-Ludlam. by the following Flores, Maudsley, Absent: Council . ORD. MC-620 - ORDINANCE OF THE CITY OF BERNARDINO ADDING CHAPTER 18.30 TO THE BERNARDINO MUNICIPAL CODE TO PROVIDE VESTING OF TENTATIVE MAPS. 24 SAN FINAL SAN FOR (53) 3/7/88 . Council Member Flores made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance No. MC-620 was adopted vote: Ayes: Counc i 1 Members Estrada, Minor. Noes: Council Member Miller. Members Reilly, Pope-Ludlam. by the following Flores, Maudsley, Absent: Council ORD. MC-62l - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADDING SUBSECTION 6 TO SECTION 19.78.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO SPECIFY FINDINGS TO BE MADE FOR THE ISSUANCE OF CONDITIONAL USE PERMITS FOR ALCOHOL BEVERAGE SALES. (54) Council Member Flores made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance No. MC-62l was adopted vote: Ayes: Council Members Estrada, Minor. Noes: Council Member Miller. Members Reilly, Pope-Ludlam. by the following Flores, Maudsley, Absent: Council . ORDINANCE OF THE CITY OF SAN BERNARDINO ADD- ING SECTIONS 19.04.172, 19.04.467, 19.04.468 AND 19.04.517 TO THE SAN BERNARDINO MUNICIPAL CODE; AMENDING SECTIONS 19.24.020 SUBSECTION (A), 19.26.020 SUBSECTION (B), 19.36.020 SUBDSECTION (V-AA); ADDING SECTION 19.36.020 SUBSECTION (BB) TO THE SAN BERNARDINO MUNI- CIPAL CODE; AND, ADDING CHAPTER 19.41 TO THE SAN BERNARD I NO M UN IC I PAL CODE TO SET OUT CONDITIONS AND PROCEDURES FOR PERMITTING RECYCLING FACILITIES AND TO ESTABLISH CON- VENIENCE ZONES. (First) (55) Discussion was held concerning the wording of the ordinance regarding convenience zones. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that said ordi- nance be referred to the Legislative Review Committee for review at their next meeting. . SETTING OF MEETING - CIVIL SERVICE BOARD - APPOINTMENT OF CHIEF EXAMINER AND SECRETARY In a memorandum dated February 24, 1988, Roger De- Fratis, Acting Chief Examiner of the Civil Service Board, stated that the Civil Service Board had directed him to arrange a meeting between the Mayor and Common Council, 25 3/7/88 . the City Attorney, the City Administrator and Service Board for the purpose of determining how Examiner's position on the civil Service Board fill ed . the Civil the Chief should be (57) James Penman, City Attorney, answered questions re- garding the position of Chief Examiner and the avail- ability of funds to pay a Chief Examiner. Ray Schweitzer, City Administrator, answered ques- tions regarding functions of the Personnel Department concerning the Chief Examiner. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a joint meeting between the Mayor and Common Council and the Civil Service Board regarding the appointment of a Chief Examiner and Secretary for the Civil Service Board, be set for 5:00 p.m., March 29, 1988, in the Management Infor- mation Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. . RECESS MEETING At 10:54 a.m., Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the Council Meeting have a short recess. RECONVENE MEETING At 11: 05 a.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, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Reilly. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . 26 3/7/88 . RESCHEDULING OF JOINT PUBLIC HEARING - CITIZEN ADVISORY/PROJECT AREA COMMITTEES In a memorandum dated March 2, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, stated that a request has been received from Chairman David Lechuga of the Northwest Project Area Committee that the public hearing be rescheduled from 11:00 a.m. to 5:00 p.m. to allow for more public participation and input. (R-14) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the joint public hearing to consider the role of the Citizen Advisory/Project Area Committees and their relationship to the Redevelopment Agency, be rescheduled from 11:00 a.m. to 5:00 p.m., on March 21, 1988. RES. 88-78 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE CONVEYANCE OF THOSE CERTAIN PARCELS OF PROPERTY IDENTIFIED AS APN 134-101-08 AND A PORTION OF APN 135-101-30, FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (RS-la) . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-78 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Reilly. RES. 88-79 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THOSE CER- TAIN PARCELS OF PROPERTY IDENTIFIED AS APN 134-101-08 AND A PORTION OF APN 135-101-30, TO THE CITY OF SAN BERNARDINO. (RS-lb) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-79 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Reilly. . 27 3/7/88 . JOINT PUBLIC HEARING - YWCA - LEASE OF SECCOMBE LAKE PROPERTY - SUBLEASE TO TEDDY BEAR TYMES CHILD CARE FACILITY - CONTINUED FROM FEBRUARY 1 AND 15, 1988 In a memorandum dated February 23, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, provided a retroactive lease reflecting the time period of January 1, 1976, to December 31, 2025, between the City, Redevelop- ment Agency and the YWCA regarding property in Seccombe Lake Park. A portion of this property is to be subleased to Teddy Bear Tymes Child Care Facility. (50, 51, R-13) Mayor wilcox opened the hearing. Linda Savage of the YWCA stated that it is the intent of the YWCA to attempt to purchase the property from the Redevelopment Agency and the City of San Bernardino in the future. . City Attorney Penman answered questions regarding the cost of additional insurance on the property. It is his recommendation that the YWCA have three to six million dollars worth of insurance due to the presence of pre- school age children. The Redevelopment Agency has allowed the YWCA to stay in the building in the interim period of the signing of the new lease, with the YWCA having a $1,000,000 insurance policy. Linda Savage of the YWCA stated that they are agree- able to purchasing the property and making an agreement that if it ever ceases to operate as a YWCA that the pro- perty revert back to the City. She stated that regis- tration begins March 15, 1988, for the Teddy Bear Tymes Child Care Facility. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed, and the lease be approved with $1,000,000 insurance, to be reviewed in 90 days and that the amount of insurance will be amended to whatever the Council requires. Discussion was held concerning modifications to the lease and a time schedule for its adoption, along with the availability of increased insurance. The possibility of obtaining a $6,000,000 insurance policy for all non-profit organizations was discussed. . Council Member Maudsley made a substitute motion, seconded by Council Member Estrada and unanimously car- ried, that the discussion concerning the lease of Seccombe Lake property to the YWCA be continued to later in the afternoon. (See Page 41) 28 3/7/88 . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 11:42 a.m., Chairman Wilcox recessed the meeting to Closed Session to discuss Redevelopment Agency items. (R-15) RECONVENE MEETING At II: 513 a.m., the Regular Meeting of the Community Development Commission/Redevelopment Agency, reconvened in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Chairman Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Senior Assistant City Attorney Barlow, City Clerk Clark, Execu- tive Director of the Redevelopment Agency Saul. Absent: Council Member Reilly. . RECESS MEETING - LUNCHEON WORKSHOP At 11:513 a.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the meeting recess to the luncheon workshop in the Management Information Center (MIC Room), Sixth Floor, City Hall, 31313 North "0" Street, San Bernardino, Cali- fornia. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:21 p.m., Mayor Wilcox called the luncheon work- shop to order in the MIC Room of City Hall, 31313 North "D"Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Wilson, Deputy City Clerk Reese, City Administrator Schweitzer. Absent: Council Member Reilly. Also present was Manuel Flores of the Board of Build- ing Commissioners. . 29 3/7/88 . LUNCHEON WORKSHOP - BOARD OF BUILDING COMMISSIONERS - DEMOLITION PROCEDURES - BOARD-UP PROCESS - CODE ENFORCEMENT This is the time and place scheduled for a workshop with the Board of Building Commissioners ing demolition procedures, the board-up process enforcement. luncheon concern- and code (59) Jim Richardson, Deputy City Administrator, explained a pilot program that has been in place since September, 1987, using contractors to do board-ups of buildings in the City, following FHA Standards. He stated that the cost is significant, ranging up to $2,500. The service may also include cleaning up and removing debris. These services were previously provided by the Public Services Department, but were removed through budget cuts and shifted to Building and Safety. . Mark Sutton, Director of Building and Safety, answered questions, stating that he has been working with the Purchasing Division developing standards for an RFP to get a list of contractors to be used on a rotating basis. He also explained that the costs will go up because the contractors will charge whatever is necessary to do the job. He stated that the City does not recover its costs and should start including all administrative costs. He stated the property owners should take responsibility for the care of their property, rather than letting the City do it. Deputy City Attorney Wilson answered questions re- garding liability, and recommended that the City factor insurance costs into the total abatement charge. Manuel Moreno, Jr., Director of Public Services, described situations in which the City would have to pro- vide clean-up services. He explained procedures and the problems with storing citizens' possessions after clean- up, and costs involved in dumping debris. He also men- tioned that hazardous waste becomes a problem in the process. COUNCIL MEMBER ESTRADA EXCUSED At 12:40 p.m., Council Member Estrada left the work- shop. The Mayor and Council discussed abatement problems and the delay in recovering the costs of procedures. . Mark Sutton, Director of Building and emphasized the need for the City to set realistic recover the costs of the abatements. 30 Safety, fees to 3/7/88 . ~lanuel Moreno, Jr., Director of Public Services, explained the weed abatement process and stated approxi- mately 7,000 notices would be sent in April. He spoke of tne many problems involved and the requirement of many notices to citizens, which is very expensive. Deputy City Attorney Wilson stated that the City is actually providing economic incentives to property owners by abating the nuisances at such a low cost, and that health and safety issues are at stake. He also requested that the City take an action to request that the FHA open an office in San Bernardino, because most of their cases are in this City, rather than Santa Ana, where their office is presently located. It was suggested that officers could be recruited abatement process. retired firemen and police to work part-time in the . Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to do an RFP as outlined by Mr. Sutton, and ask him to report to the Council on the administrative costs, and how to imple- ment that for board-ups and demolitions; and to ask Mr. Moreno to provide the same information on the costs of weed abatements. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Mr. Sutton stated that for the months of November, 1987, through February, 1988, there were almost 300 com- plaints outstanding, and there were three men on the staff to handle them. City Administrator Schweitzer stated that it is con- sidered a heavy workload to handle 25 cases a week. Mr. Sutton stated that he hoped to adjust the schedule so that 40 or 50 cases could be handled a week. He also spoke of the need for more vehicles, as those presently being used are old and not in good condition. RECESS WORKSHOP At 1:27 p.m., the workshop was recessed to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 31 3/7/88 . RECONVENE MEETING At 2:07 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, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Reilly; City Attorney Penman. GENERAL PLAN CITIZEN ADVISORY COMMITTEE - REMOVAL/APPOINTMENT OF MEMBERS - CONTINUED FROM FEBRUARY 15, 1988 In a memorandum dated February 23, 1988, Ann Sira- cusa, Planning Director, stated that several members of the Citizen Advisory Committee (CAC) have had excessive absences from meetings, and the General Plan Task Force met to discuss the problem. (68) . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the mem- bership on the General Plan Citizen Advisory Committee be revised by removing the following individuals: Antolin Gomez, Armando Gonzales, Sherrall Powell, Roy Copple, and Susan Wilson; and that the remaining alternate members be considered regular members, thereby increasing the total regular membership from 25 to 30 and deleting the alter- nate member category. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting. BUS TOUR OF CITY - MAYOR, COUNCIL AND PLANNING COMMISSION - CONTINUED FROM FEBRUARY 15, 1988 In a memorandum dated February 4, 1988, Ann Siracusa, Planning Director, stated that the General Plan Task Force requested the arrangement of a bus tour of the City for the Mayor, Council and Planning Commission to view dif- ferent areas of the City in preparation for public hear- ings on proposed land use alternatives. (69) Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that Tuesday, April 5, 1988, between 1:00 and 5:00 p.m., be established as the date and time for a joint Mayor, Council and Plan- ning Commission bus tour of the City. . 32 3/7/88 . SETTING OF PUBLIC HEARING - PREFERRED LAND USE ALTERNATIVE SELECTION In a memorandum dated February 23, 1988, Ann Sira- cusa, Planning Director, stated that a series of public hearing will be held before the General Plan Citizen Advi- sory Committee and the Planning Commission regarding the selection of preferred land use alternatives. (70) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the following meeting schedule for pUblic hearings before the Mayor and Council to select a preferred land use alter- native, be approved: Monday, April 11 9:00 a.m. - Noon Presentation of Land Use Alternatives Tuesday, April 12 5:00 - 9:00 p.m. Public Hearing Thursday, April 21 5:00 - 9:00 p.m. Public Hearing . Monday, April 25 9:00 - Noon Deliberations Wednesday, May 4 9:00 a.m. - Noon Final Deliberation and Adoption APPEAL - PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 87-71 - SIGN - MARUKO HOTEL - 295 N. "E" STREET In a memorandum dated February 23, 1988, Ann Sira- cusa, Planning Director, stated that an appeal has been filed by Bud Ammons, a citizen, concerning the Planning Commission's approval of Conditional Use Permit 87-71, regarding a sign program at the Maruko Hotel, 295 N. "E" Street. (71) Mayor Wilcox opened the hearing. . Ann Siracusa, Planning Director, answered questions regarding the size of the sign being in keeping with the scale of the building. She presented the findings of the Planning Commission as to why the permit could be granted as it does comply with the objectives of the General Plan elements, it is consistent with the Office of Planning and Research letters, it will not adversely affect the land use, and it will increase the viability of Central Business District. 33 3/7/88 . She corrected the staff report, stating that the only nay vote was Commissioner Stone. Bud Ammons, 735 W. Fifth Street, read his appeal letter dated February 2, 1983, and requested that the City purchase the hotel back from Maruko. Council Member Miller made a motion, seconded by Council Member Estrada, that the hearing be closed, and the appeal be denied; that the Negative Declaration be adopted, and Conditional Use Permit No. 87-71 be approved subject to the Findings of Fact and Conditions of Approval in Attachment B. The motion Council Members Miller. Noes: Member Reilly. carried by the following vote: Ayes: Estrada, Maudsley, Minor, Pope-Ludlam, Council Member Flores. Absent: Council James Penman, City Attorney, stated that the Planning Commission's findings would probably not hold up in court if challenged. . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. CHANGE OF ZONE 87-14 - CITY OF SAN BERNARDINO, APPLICANT - SAN BERNARDINO WATER DEPARTMENT, OWNER - KENDALL DRIVE AND STATE STREET In a memorandum dated June 4, 1987, Vincent Bautista, then Acting Director of Planning, provided information regarding the City's request for Change of Zone 87-14, to change the land use zoni ng distr ict from R-3-3000, MUltiple-Family Residential to C-l, Neighborhood Commer- cial on an irregUlarly-shaped parcel of land consisting of approximately .5 acre located at the southeast corner of Kendall Drive and State Street, which is owned by the San Bernardino Water Department. (72) Council Member Minor made a motion, seconded cil Member Estrada and unanimously carried, responses to comments be approved and the Declaration for environmental impact, which reviewed and considered, be adopted; that the dation of the Planning Commission be approved, the City Attorney be directed to prepare the amendments to the Zoning Code. by Coun- that the Negative has been recornmen- and that necessary . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. 34 3/7/38 . VENDING ORDIN~NCE - PRESENT~TION - STEVEN F. SMITH - R~NDCHIC ENTERPRISES, INC. In a memorandum dated March 3, 1988, Shauna Clark, City Clerk, provided a recap of a written survey conducted by her office of the Planning Departments in 42 cities, mostly in Southern California, regarding their regulation of hot dog and similar venders. (58) In a letter dated March 4, 1988, Steven F. Smith of Randchic Enterprises, Inc., requested that the discussion of the vending ordinance be continued to March 21, 1988, due to the absence of Council Member Reilly, and the need for further study and research. Ralph Prince, attorney for Randchic Enterprises, Inc., was present to request the continuance of the dis- cussion to March 21, 1988, in order for Council Member Reilly and Steven Smith to be present, and for further review of the ordinance. He also requested that if the continuance is denied, that he be permitted to make a presentation. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley, that the vending ordinance be tabled. . The motion Council Members Miller. Noes: Member Reilly. carried by the fOllowing vote: Ayes: Estrada, Maudsley, Minor, Pope-Ludlam, Council Member Flores. ~bsent: Council The Council agreed that a presentation could be made to the Legislative Review Committee. LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - FEBRUARY 18, 1988 - COUNCIL MEMBER MAUDSLEY In the absence of Council Member Reilly, Chairman of the Legislative Review Committee, Council Member Maudsley presented the minutes of the Legislative Review Committee meeting held February 18, 1988, at which time the follow- ing items were discussed: (60) 1. General Vehicle Usage Report - The Com- mittee recommended approval of the resolution presented. The Department Director's letter was also recommended for approval. . The Police Automobile Policy was pro- vided in response to a query by Councilwoman Estrada at the February 5, 1988 mid-year budget review. Copy of resolution and reports are attached. 35 3/7/88 . The suggestion was made that each department submit an annual written justification for their vehicles during their budget preparation. 2. City's Demolition Policy - Item continued to second meeting in May. Building and Safety, City Attorney and Community Develop- ment staff will coordinate on an all-inclu- sive ordinance. 3. prohibition of Solicitation of Absentee Ballots - Councilmen Reilly and Minor recom- mended--status quo after reviewing the opinion of the City Attorney's Office and the pre- sentation made by the City Clerk. Councilman Maudsley voted for prohibiting solicitation. Attorney information attached. 4. ~ommi~sio~~EEointment Procedures - The Committee recommended adoption of the present policy. The form that is signed by Commis- sioners would include the language "under penalty of perjury". . 5. Closed Session Policies - Item continued. 6. Ordinance to Limit Campaign Contributions - Item continued. 7. Level Paths of Travel Across Driveways - The Committee tabled this item. The City is requiring all new construction to meet the guidelines previously recommended by the Commission for Disabled Persons. Pending Items - The legal opinion on crossing guards was stricken from the list. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the minutes of the Legislative Review Committee Meeting held February 18, 1988, be received and filed. WAYS AND MEANS COMMITTEE MEETING MINUTES - FEBRUARY 22, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairwoman of the Ways and Means Committee, presented the minutes of the Ways and Means Committee Meeting held February 22, 1988, at which time the following items were discussed: (61) . 36 3/7/88 . 1. Colton Storm Drainage Problem - The Com- mittee recommended acceptance of the proposed joint Colton-San Bernardino storm drainage solution of Phase I, Mill Street problem. The attached recommendations were reached after considerable discussion regarding liability and the options available. Colton repre- sentatives agreed to "upfront" engineering costs recognizing that San Bernardino has not included this project in the budget. Upper- most in the recommendation was consideration for the safety and welfare of the citizens in the Phase I area. (See Item 22 - Page 13) . 2. TrafiLS:.2~tems Fee $12 Per Trip, Generated By New Development or Redevelopment - The Committee recommended approval of the resolution establishing a Fee and Traffic Systems Fund. They also recommended a public hearing be set for March 21, and asked that the Deputy City Administrator for Development send a letter attaching the resolution and asking for comment from the Building Industry Association. The Committee asked staff to "fine tune" the resolution specifying what the fee would be used for in keeping with the intent of AB600. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Ways and Means Committee meeting held February 22, 1988, be received and filed, and that a hear- ing date of April 4, 1988, be set to approve the Traffic Systems Fee. CODE REVIEW AD HOC COMMITTEE MEETING MINUTES - FEBRUARY 19, 1988 - COUNCIL MEMBER ESTRADA In the absence of Council Member Reilly, Council Member Estrada presented the minutes of the Code Review Ad Hoc Committee Meeting held February 19, 1988, which read as follows: (62) This meeting was mainly an informative session. . The Committee informed staff that they and their colleagues on the Common Council wish to change the "minimum code enforcement and inspection syndrome" the City now has, to one of strict, maximum requirement. 37 3/7/88 . The Director of Building and Safety, Mr. Sutton, presented an overview of his obser- vations, up to this point. He reported recent incidents and violations, the need for personnel training, the need for interdepart- mental interchange and cooperation and the need to go back to basics before going ahead. His report also covered contractor building wi thout permi ts, permi ts issued to anyone that applies, low salaries of inspector per- sonnel and need for follow-up on citations issued. Mr. Sutton did indicate that Building and Safety is not set up structurally to handle additional code enforcement at this time. He will be providing a full report through the Deputy Administrator for Develop- ment as his tenure increases and time is available. He also indicated to the Commit- tee that he would be requesting some changes and, if quality is desired, the Council could expect some higher costs. . The Committee commended Mr. Sutton on his report and asked that another meeting to include the Building Commissioner represen- tatives and City Attorney be scheduled in three weeks. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Code Enforcement Ad Hoc Committee meeting held February 19, 1988, be received and filed. UNDERGROUNDING OF UTILITIES EXEMPTION - PARCEL 2-MAP 2676 - PARKS IDE AND PARKDALE, ON PARKDALE - CONTINUED FROM FEBRUARY 15, 1988 This is the time and place continued to for consi- deration of an exemption from the undergrounding of utilities at Parcel 2-Map 2676, the second lot from the southwest corner of Parkside and Parkdale, on Parkdale. (64 ) . Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the exemp- tion from the undergrounding of utilities at Parks ide and Parkdale, on Parkdale, be tabled, as the subject is moot since the adoption of Resolution No. 88-65 adopting Stan- dard 11 relating to underground utility lines. (See Page 19) 38 3/7/88 . FISCAL YEAR 1988/89 COMMUNITY BLOCK GRANT PROGRAM MIX - APPROVAL AND ADOPTION - AUTHORIZATION TO SOLICIT PROPOSALS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to from earlier in the meeting for consideration of the Fiscal Year 1988/89 Community Block Grant Program Mix. (See Page 12) (6 ) Ken Henderson, Director of Community Development, answered questions regarding the $120,000 which is cur- rently in the Demolition Account. $3,000 is authorized for the demolition work at Patton Park South, leaving a balance of $117,000 for the remainder of the fiscal year. He further answered questions regarding the use of Community Development Block Grant funds for Project Renaissance, and the rehabilitation program. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the FY 1988/89 Community Development Block Grant Program Mix be approved and adopted, and that staff be authorized to solicit proposals. . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH JUNIOR ALL AMERICAN FOOTBALL, MESA CHAPTER, RELATING TO PROPERTY LOCATED AT 1244 WEST NINTH STREET. (Continued from earlier in meeting - See Page 21) (42) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that Junior All American Football be authorized to use the premises at 1244 West Ninth Street under the same conditions as the existing agreement; and that the proposed new agreement be referred to the Ways and Means Committee for consideration after presentation of a report from the City Attorney regarding the extent of the City's liability and the availability of liability insurance at the limits being requested by the City Attorney. . RECESS MEETING - CLOSED SESSION At 2:59 p.m., Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Common Council recess to Closed Session to con- sider personnel matters pursuant to Government Code Sec- tion 54957. (73) 39 3/7/88 . CLOSED SESSION At 2:59 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "0" 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, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: Council Member Reilly; City Clerk Clark, City Administrator Schweitzer. ADJOURN CLOSED SESSION At 4:07 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 4:07 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 City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Reilly. RECESS MEETING - CLOSED SESSION At 4:07 p.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (74) ~hu~ert, et al vs. the City of San Bernardino - San Bernardino Superior Court Case No. 223140. CLOSED SESSION At 4:07 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. . 40 3/7/88 . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: Council Member Reilly; City Clerk Clark, City Admini- strator Schweitzer. ADJOURN CLOSED SESSION At 4:20 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4:20 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 "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Reilly. . JOINT PUBLIC HEARING - YWCA - LEASE - SECCOMBE PARK PROPERTY - SUBLEASE TO TEDDY BEAR TYMES CHILD CARE FACILITY - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a joint public hearing between the Redevelopment Agency of the City of San Bernardino, the Mayor and Common Council of the City of San Bernardino and the YWCA concerning the lease of property in Seccombe Park by the YWCA, and the sublease of a portion of the property to Teddy Bear Tymes Child Care Facility. (See Page 28) (R-13, 50, 51) RES. 88-80 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BER- NARD I NO, AND THE YOUNG WOMEN 'S CHR I ST IAN ASSOCIATION OF SAN BERNARDINO, RELATING TO THE LEASE OF SPACE. (R-13) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted as amended by interdelineation to add a requirement which states: . 41 3/7/88 . "Any subleassee for day care services which sublease is approved and entered into pursuant to paragraph 15 hereof or otherwise, shall provide an additional insurance policy or policies insuring Lessor and its officers, employees and agents against public liability and property damage in the amount of One Million Dollars ($1,000,000) Combined Single Limit"; and to add in Section 7 that, "Lessee will procure and maintain in force during the term of this Lease an insurance policy or policies insuring Lessor and its officers, employees and agents against public liability and property damage in the amount of One Million Dollars ($1,000,000) Combined Single Limit". Resolution No. 88-80 was adopted as amended by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: Council Member Reilly. . MOBILE HOME PARK AD HOC COMMITTEE MEETING REPORT - FEBRUARY 17, 1988 - COUNCIL MEMBER FLORES In a memorandum dated February 22, 1988, Council Member Flores provided the minutes of the Mobile Home Park Ad Hoc Committee Meeting of February 17, 1988, at which time the following items were discussed: (63) The Committee discussed the resolution on the establishment of a Mobilehome Rent Review Commission and Rents Within Mobilehome Parks in the City of Sam Bernardino. The Committee received input from the park owners' representatives and resident repre- sentatives. The attorney for M.O.R.E. (Mobilehome Organized Residents Enterprises) felt that the main items he would include were a limitation of rents to an annual basis and no rent increases by park owners at the time a resident sells his coach. The Com- mittee requested staff to make a few minor changes, to prepare a staff report in line with the four-part strategy recommended in the recent Connerly Study, to highlight these provisions in the ordinance and present to the Common Council well in advance of the March 7th meeting. Councilman Minor, for the record, made it clear that he had no pre- ference either pro or con for the resolu- tion. . 42 3/7/88 . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Mobile Home Park Ad Hoc Committee Meeting held February 17, 1988, be received and filed. REPORT - MOBILE HOME PARK AD HOC COMMITTEE - ESTABLISHMENT OF MOBILE HOME RENT REVIEW COMMISSION - IMPLEMENTATION PLAN FOR RECOMMENDATIONS OF CONSULTANTS, CONNERLY AND ASSOCIATIONS, INC. In a memorandum dated February 24, 1988, Ken Hender- son, Director of Community Development, reported concern- ing the recommendations of consultants Connerly and Associates, Inc. regarding mobile home park operation in the City. These recommendations were referred to the Mobile Home Park Ad Hoc Committee for further review and development of an implementation plan at the January 25, 1988, meeting of the Mayor and Common Council of the City of San Bernardino. (56) . ORDINANCE OF THE CITY OF SAN BERNARDINO ADD- ING CHAPTER 9.66 TO THE SAN BERNARDINO MUNI- CIPAL CODE RELATING TO THE ESTABLISHMENT OF A MOBILE HOME RENT REVIEW COMMISSION AND THE REGULATION OF RENTS WITHIN MOBILE HOME PARKS IN THE CITY OF SAN BERNARDINO. (First) (56) City Clerk Clark read the title of the ordinance. Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that further reading of the ordinance be waived. Ken Henderson, Director of Community Development, provided background information regarding the proposed ordinance concerning rents within mobile home parks, and the recommendations of the Mobile Home Park Ad Hoc Com- mittee. He stated that the proposed ordinance includes the four recommendations made by the Committee, which are itemized in his staff report. He answered questions regarding the purpose and operation of a Rent Review Commission. A survey conducted by Luther Faire, a mobile home park owner, was discussed. . Council Member Flores made a motion, seconded by Council Member Estrada, that for discussion purposes, said ordinance be adopted. (See vote on Page 44) 43 3/7/88 . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Ken Henderson, Director of Community Development, ans~ered questions regarding the ordinance. He reported that he did have some independent information that helps verify the Connerly report, obtained from a firm by the name of Caci, Inc. from Fairfax, Virginia, that had under- taken a market analysis for a fast food restaurant. The analysis included 14 mobile home parks in the area, in- cluding some in Rialto. Cac i, I nc. found tha t the med ian income in the com- munity surveyed was $17,600, just $900 more than that reported by the Connerly survey. Marvin T. Sawyer, attorney representing M.O.R.E. and mobile home park tenants within San Bernardino, objected to the wording of the ordinance, stating it would not stand up in court and gave his reasons why. James Penman, City Attorney, stated that if passed, this ordinance will sustain a court challenge. . Ken Henderson, Director of Community Development, stated that he concurred with City Attorney Penman. The motion to adopt the ordinance failed by the fol- lowing vote: Ayes: Council Member Flores. Noes: Coun- cil Members Maudsley, Minor, Pope-Ludlam, Miller. Absent: Council Members Estrada, Reilly. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. Mayor wilcox urged the Common Council to adopt the Rental Assistance Program for those truly in need. Ken Henderson, Director of Community Development, concurred with the Mayor, stating that 19% of the mobile home park tenants are significantly in need of rental assistance. He further stated that rental assistance is the only thing that will help these 19%, because a mora- torium will not help those who can not currently pay the rental payments they have. . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that staff be instructed to come up with financing feasibility and a plan for looking into the needs of the 19% in need of rental assistance. 44 3/7/88 . PUBLIC HEARING - NO SMOKING ORDINANCE - REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT This is the time and place set for a public hearing concerning a No Smoking Ordinance in the City of San Ber- nardino, regulating smoking in public places and places of employment. (78) Mayor wilcox opened the hearing. Three draft ordinances were presented: No. 1 pre- pared by the City Attorney; No.2 is known as "the model" ordinance, prepared by the American Heart and Lung Association; and No.3, also prepared by the City Attor- ney. James Penman, City Attorney, answered questions re- garding the involvement and economic impact of proposed ordinances Nos. 1 and 2. . Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed, that proposed ordinance No.1 be accepted, and that the City Attorney be instructed to prepare an ordinance in its proper form for adoption by the Mayor and Common Council. (See vote after discussion - Page 46) Earl Goins, 4040 E. Piedmont, Space #364, spoke re- garding devices that stop sidestream smoke, and recom- mended that the ordinance include options for no smoking areas. Bill Rainbolt, owner of the Mediterranean Restaurant, complained that he cannot get enforcement out for an important call, let alone a violation of the smoking ordi- nance. Dr. Raphael of the American Heart Association, stated that this is a public health issue, and the model No. 2 ordinance recommended that a set percentage of a res- taurant be designated as non smoking. Dr. Mary Patterson, Professor Emeritus of California State University, San Bernardino, and a member of the Board of Directors of the California Nurses Association, spoke in favor of the model ordinance. . Larry Sharp, President-elect of the San Bernardino Area Chamber of Commerce, spoke in favor of the No. 1 ordinance. He pointed out that if a restaurant allows smoking, the non-smoking patron can always go somewhere else. 45 3/7/88 . Bill Sikes, owner of a business which is not open to the public, stated that in his opinion the proposed ordi- nance is too severe as it pertains to his business. He feels he should decide which areas are for non smoking and smoking. George Patterson, the San Bernardino County Director of Public Health, spoke in favor of the model ordinance, and stated that the County Environmental Health Department looks at a smoking ordinance as being an extension of a public health measure. He stated that the City of Redlands has adopted the model ordinance. Hy Weitzman, representing the California Restaurant Association, referred to the Victorville ordinance and recommended that proposed ordinance No. 1 be adopted. Dennis Loy, part owner of the Players Restaurant Association, Objected to a no smoking ordinance, stating that he has installed electronic filters in his business, which take care of the smoke problem. He added that he has never had a person leave the business because of the smoke. . Walt Bilofsky, President of the Americans for Non- Smokers' Rights, spoke in favor of the model ordinance, stating that it does not require remodeling, and in fact, exempts it. All that is required is separate sections in restaurants for no smoking, but there are no requirements for barriers or ventilation. The purpose of the ordinance is not to get people to stop smoking, but to allow non smokers the right to clean air. Hy Weitzman, California Restaurant Association, clarified a statement made by Mr. Bilofsky. He explained that he does not represent the Tobacco Institute, but that Ron Saldona, who does represent the Tobacco Institute is present in the audience. Burton Wilkie, representative of the American Lung Association, spoke in favor of the model ordinance. The motion that the proposed ordinance No. 1 be accepted and that the City Attorney be instructed to pre- pare it in proper form for adoption, carried unanimously. (The motion is listed before the discussion - See Page 45) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 46 3/7/88 . REQUEST TO REOPEN OLD ALIGNMENT OF MEYERS ROAD TRACT 11118 - RECOMMENDATION OF TRAFFIC SAFETY ADVISORY COMMITTEE In a memorandum dated February 16, 1988, Roger Hard- grave, City Engineer, stated that a petition signed by 21 persons has been received, to have Meyers Road reopened for traffic and realigned to the new street constructed through the subdivision in Tract 11118. The Public Ser- vices Department estimates that it would cost at least $5,000 to bring the old alignment up to a condition where it could be opened to traffic. (65) The peti tion was referred to the Traffic Safety Advisory Committee for review. The committee recommended that the old alignment of Meyers Road not be reopened to traffic, since the new alignment provides adequate traffic safety and emergency access. . John Wilson, Deputy City Attorney, explained the request to reopen the old alignment of Meyers Road, which was vacated. A portion of the vacated old alignment of Meyers Road was used to make one acre lots for the sub- division and the new alignment of Meyers Road was built. He also pointed out that the reopening of the old align- ment of Meyers Road would create substandard lots. Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the recommendation from the Traffic Safety Advisory Committee that the old alignment of Meyers Road not be reopened for traffic, be accepted and affirmed. PARCEL MAP 7140 - PORTIONS OF PARCELS NOS. 1 & 8 - WEST OF WATERMAN AVENUE, BETWEEN THIRD AND FOURTH STREETS - NORSA, INC. - APPROVAL OF REQUEST TO QUITCLAIM - REDEVELOPMENT AGENCY - ARMY AND NAVY RESERVES In a memorandum dated February 12, 1988, Roger Hard- grave, City Engineer, stated that a request has been re- ceived from Norsa, Inc., which has been discussing a Dis- position Agreement with the Redevelopment Agency regarding developing a mini storage facility, and requested that portions of Parcel Nos. 1 & 8 be quitclaimed to the Redevelopment Agency, so they may be covered in the Dis- position Agreement. These parcels are leased by the Army and Navy Reserves, but quitclaiming of the requested por- tions will not adversely affect the lessee's use of these properties. (66) . 47 3/7/88 . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the matter concerning the quitclaiming of portions of Parcel Nos. 1 & 8 of Parcel Map 7140 to the Redevelopment Agency, be continued to the Regular Meeting of the Mayor and Com- mon Council of the City of San Bernardino to be held March 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. GENERAL REPORTS AND CORRESPONDENCE Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the following resolutions of the Board of Building Commis- sioners be filed: (67) BBC 1189 1598 N. Mt. Vernon Ave. James McFarland BBC 1190 635 N. nFlI Street Richard Swing, Jr. BBC 1192 2655 N. Taylor Donald Bradley, Fred and Linda Burke BBC 1193 864 Henderson Lane Alturo Hernandez Y. Parra BBC 1194 3076 Gardena Metmor Financial Corp. BBC 1195 2492 San Carlos Jerry & Bella Weissman BBC 1197 163 E. Ninth Street Robert A. Baker . BBC 1200 939 N. 110" Street Robert A. Baker COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. OAK STREET & VALLEY STREET BRIDGES - APPROVAL OF PLANS - AUTHORIZATION TO RE-ADVERTISE FOR BIDS FOR REPLACEMENT In a memorandum dated February 26, 1988, Roger Hard- grave, City Engineer, stated that bids for the replacement of the Oak and Valley Street Bridges were rejected at the Council Meeting of September 8, 1987. Authorization was granted to re-advertise for bids, subject to Caltrans approving the revised estimate of the cost of the project. Caltrans has declined to approve the revised estimate. (S-l) . He further stated that Caltrans has directed that the contract documents be prepared to require bidders to sub- mit two bids, one for Oak Street Bridge and the other for Oak Street and Valley Street Bridges, as including both bridges will result in lower bid prices due to more 48 3/7/88 . quantities. Funds for 1986/87 Bridge Program. each year. In order received and the award programmed bridge. the project were programmed in the Only one bridge can be nominated to complete one, bids must be made in this year for the first Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the plans for replacement of Oak Street and Valley Street Bridges over Warm Creek, in accordance with Plan No. 6934, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. SEWER EXTENSION - OLIVE STREET, WEST OF "I" STREET TO 1034 W. OLIVE STREET - USE OF CITY FORCES In a memorandum dated March 3, 1988, Council Member Estrada requested that City forces be used to extend the sewer main from olive Street, West of "I" Street, to a point in front of 1034 W. Olive Street. (S-3) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the use of City forces for the extension of a sewer main from Olive Street, west of "I" Street, to a point in front of 1034 W. Olive Street, be approved. . PERSONNEL ACTION - JOHN C. KIRWAN - DIRECTOR OF RISK MANAGEMENT Council Member Maudsley, made a motion, seconded by Council Member Miller and unanimously carried, that the appointment of John C. Kirwan, Director of Risk Manage- ment, be approved effective March 21, 1988, Salary Range 4160, Step 1, $3662/mo. (S-4) COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. READING AND WAIVING OF RESOLUTIONS ON SUPPLEMENTAL AGENDA City Clerk Clark read the titles of the resolutions on the Supplemental Agenda. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolutions be waived. . 49 3/7/88 . RES. 88-81 RESOLUTION AUTHORIZING THE ACQUISITION, IMPROVEMENT AND INSTALLATION OF CERTAIN CAPITAL EQUIPMENT FOR THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BER- NARDINO TO ENTER INTO A LEASE AGREEMENT WITH ASSOCIATION OF BAY AREA GOVERNMENTS FOR PUR- POSES OF FINANCING SUCH CAPITAL EQUIPMENT; AND AUTHORIZING THE EXECUTION OF OTHER INSTRUMENTS AND THE TAKING OF OTHER ACTIONS RELATED TO SUCH FINANCING. (S-5) City Attorney Penman answered questions, stating that the bonds used for financing have already been issued to ABAG, and will not have an effect on the maximum amount of bonds that the City of San Bernardino can issue. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-81 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Reilly. . RES. 88-82 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED FOR A PARCEL OF LAND LOCATED WITHIN THAT PORTION OF STATE STREET, NOW VACATED, NORTH OF SHERIDAN ROAD, TO UNIVERSITY SQUARE, A JOINT VENTURE. (S-6) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-82 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Reilly. RECESS MEETING - CLOSED SESSION At 6:40 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Common Council recess to Closed Session under the following Government Code sections: . Government Code Section 54956.9 (b) (1) to its attorney regarding pending litigation, significant exposure to litigation. confer with as there is (75) 50 3/7/88 . Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation, which has been initiated formally to which the City is a party as fol- lows: (S-2) Florence Johnson vs. The City of San Bernardino - Case No. CV 86-3789 (Federal Court); Operation Second Chance/Schwaber vs. Bank of - United States District Court (Central District) No. CV 87-1439-PAR. America - Case Barron, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241692. (77) CLOSED SESSION At 6:40 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: Council Member Reilly; City Clerk Clark, City Admini- strator Schweitzer. ASSISTANT CITY ATTORNEY BRUE, DEPUTY CITY ATTORNEYS WILSON AND VON KAESBORG ARRIVED At 7:30 p.m., Assistant City Attorney Denise Brue and Deputy City Attorneys Wilson and Von Kaesborg arrived in the Closed Session. DEPUTY CITY ATTORNEY WILSON EXCUSED Deputy City Attorney John Wilson left the Closed Session. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Closed Session. DEPUTY CITY ATTORNEY VON KAESBORG EXCUSED Deputy City Attorney Lek Von Kaesborg left the Closed Session. CITY CLERK CLARK ARRIVED City Clerk Shauna Clark arrived at the Closed Ses- sion. . 51 3/7/88 ;. . ASSISTANT CITY ATTORNEY BRUE EXCUSED Assistant City Attorney Denise Brue left the Closed Session. ADJOURN CLOSED SESSION At 8:40 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 8:40 p.m., Mayor wilcox called the Regular Meeting of the Mayor and Common Council of the City of San Ber- nardino to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Reilly, Pope-Ludlam. . ADJOURNMENT At 8:40 a.m., Council Member Maudsley made seconded by Council Member Minor and unanimously that the meeting adjourn. a motion, carried, (79) /~~///Yh,&l~';/ / City Clerk No. of Items: 93 No. of Hours: 10 1/2 . 52 3/7/88