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HomeMy WebLinkAbout04-04-1988 Minutes . City of San Bernardino, California April 4, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:08 a.m., on Monday, April 4, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Mr. John Lowe of Campus Crusade for Christ. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Jack Reilly. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. . RESOLUTION - SAN BERNARDINO K-9ERS Richard Bennecke, Executive Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernar- dino, commending the San Bernardino K-gers for their con- tribution to the City of San Bernardino. (A) Robert Stone, a member of the San Bernardino K-gers organization, was present to accept the resolution. PROCLAMATION - PEDESTRIAN SAFETY MONTH - APRIL, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming April, 1988, as Pedestrian Safety Month, to call attention to traffic safety practices in the Ci ty of San Bernardino. (A) Don Burnett, Chief of Police, was present to accept the proclamation. . PROCLAMATION - VICTIMS' RIGHTS WEEK - APRIL 18 - 24, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming the week of April 18 - 24, 1988, as Victims' Rights Week. (A) I 4/4/88 . Joanne Nunez, coordinator of the victim Witness Pro- gram in San Bernardino County, was present to accept the proclamation. PROCLAMATION - NATIONAL COMMUNITY DEVELOPMENT WEEK - WEEK OF APRIL 11, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming the week of Apr i 1 11, 1988, as National Community Development Week. (Al Ken Henderson, Director of Community Development, was present to accept the proclamation. He stated that several recipients of Community Development Block Grant funding were present to give oral presentations regarding the benefits of the CDBG program. Sister Clare Lord of Bethlehem House, a shelter for battered women and children, stated that during the Fiscal Year 1986/87, Bethlehem House provided shelter for 1300 women and children, and 300 others took advantage of their services without sleeping at the shelter. . Sister Clare Lord stated that the CDBG funding helped Bethlehem House become recognized as a model in the United States for programs for victims of domestic violence, and provided information regarding the many training classes and programs offered by the shelter. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the meeting and was re- placed by Assistant City Attorney Brue. Jerry Herndon, Executive Director of the Boys and Girls Club of San Bernardino, described programs and activities provided at the club, which is supported by CDBG funds. Don Vigil, Executive Director of Rolling Start, described the support that CDBG funding provides for the Lifeline Program for handicapped people in San Bernardino. Emergency alert devices will be made available to the handicapped to purchase through his organization. Annie Ramos, Director of Parks, Recreation and Com- munity Services, spoke regarding the use of $6,135,000 in CDBG funding for capital improvement projects for con- struction of community centers, etc. . Roger Hardgrave, Director of Public Works/City Engi- neer, spoke regarding the impact of CDBG funding for his department as it provides money for street lights, handi- capped ramps, etc. 2 4/4/88 . CITIZENS ADVISORY COMMITTEE - COMMUNITY DEVELOPMENT - RECOGNITION OF PAST AND PRESENT CHAIRPERSONS The following members of the Citizens Advisory Com- mittee for Community Development were introduced and pre- sented with achievement plaques by Ken Henderson, Director of Community Development, as a part of the presentation concerning National Community Development Week: (A) Mary Marshall, present Chairperson Willie Brue, past Chairperson Jennifer Oberhelman, Vice Chairperson wilfred Prendergast, past Vice Chairperson Ken Henderson, Director of Community Development, also introduced Jean Anderson, Fifth Ward appointee, and Jean Estridge, Seventh Ward appointee, as members of the Citizens Advisory Committee for Community Development, who were in the audience. The staff of the Community Development Department was personally recognized at the meeting by Mr. Henderson for their efforts. . A pictorial pamphlet depicting programs funded by Community Development Block Grant funds and under the direction of the Community Development Department was presented to Mayor wilcox and each member of the Common Council. PROCLAMATION - NATIONAL DAY OF PRAYER - MAY 5, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming May 5, 1988, as the National Day of Prayer. (A) John Lowe of Campus Crusade for Christ was present to accept the proclamation, and explained that it is being done a month in advance so that the churches have the endorsement of the City. Susan Sorensen, National Coordinator for the National Day of Prayer, was also present to accept the proclama- tion. . PROCLAMATION - SPIRIT BASEBALL DAY - APRIL 8, 1988 - SAN BERNARDINO AREA CHAMBER OF COMMERCE - SAN BERNARDINO SPIRIT BASEBALL CLUB Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming April 8, 1988, as Spirit Baseball Day, 3 4/4/88 . to encourage the citizens of San Bernardino to attend the Spirit Baseball games as supported by the San Bernardino Area Chamber of Commerce. (A) Bill Shanahan, General Manager of the Spirit Baseball Club, was present to accept the proclamation. PUBLIC COMMENTS - THE RISING SWORD - HOUSE OF YING A citizen, identifying himself as The Rising Sword, Commander-in-Chief of the House of Ying, and also as Abel, The Rising Lamb and Son of God as predicted by the Jews, spoke regarding the homeless and the needy. (C) He apologized for having previously referred to Coun- cilwoman Pope-Ludlam as a bigot. He stated that he is requesting a federal investigation be made into City Attorney Penman, and that he is planning a presentation to the Congress of the United States of America. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and replaced Assistant City Attorney Brue. . AUTHORIZATION FOR OUT-OF-STATE TRAVEL - DEPUTY FIRE CHIEF MOON - LAS VEGAS, NEVADA - APRIL 14 - 16, 1988 - SAFER ORGANIZATION MEETING In a memorandum dated March 21, 1988, Fire Chief Newcombe requested that Deputy Fire Chief Richard Moon be authorized to travel out of state to Las Vegas, Nevada, from April 14 - 16, 1988, to attend the joint meeting (Arizona, California and Nevada) of the Southern Area Fire Equipment Research (SAFER) Organization. (3) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that Deputy Chief Richard A Moon, Fire Department, be authorized to attend the joint meeting (Arizona, California & Nevada) of the Southern Area Fire Equipment Research (SAFER) Organi- zation, April 14 - 16, 1988, in Las Vegas, Nevada. . DEMOLITION - RESIDENCE - 908 N. MT. VERNON AVENUE - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated March 22, 1988, Ken Henderson, Director of Community Development, stated that a demoli- tion assistance request dated February 28, 1988, had been received from Mrs. Ramona Lujan for property located at 908 N. Mt. Vernon Avenue, San Bernardino. Mrs. Lujan re- ceives $259 per month in S.S.I. payments. The Community Development Citizens Advisory Committee reviewed the re- quest, and recommended that a demolition grant of $3,000 be approved. (4) 4 4/4/88 . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that staff be authorized to advertise for bids for demolition of the residential structure located at 908 N. Mt. Vernon Avenue. NUNEZ PARK POOL - AUTHORIZATION FOR CDBG FUNDS - DESIGN COSTS In a memorandum dated March 22, 1988, Ken Henderson, Director of Community Development, stated that a request had been received from the Parks, Recreation and Community Services Department for CDBG funding for the design ser- vices of the filtration system at Nunez Park pool. The approval of the estimated design costs of $10,400 for the project would enable the Parks, Recreation and Community Services Department to submit a proposal for construction financing during the FY 1988/89 CDBG funding cycle. (5 ) In a letter dated October 8, 1987, E. Lee Jackson, Project Manager for California Pools & Spas, provided a cost estimate for the proposed modifications. . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the CDBG funding of design costs estimated at $10,400 related to Nunez Park pool filtration system, be approved; and that the Director of Public Works be authorized to issue a Request for Proposals (RFP) for design services. NUNEZ PARK SOFTBALL FIELDS - AUTHORIZATION TO ACCEPT INSURANCE PREMIUM IN LIEU OF RENTAL FEES - SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT - APRIL 23 & 24, 1988 In a memorandum dated March 11, 1988, Annie Ramos, Director of Parks, Recreation ad Community Services, pro- vided a copy of a request dated March 7, 1988, from the San Bernardino County Sheriff's Department for the waiver of fees for the use of Nunez Park softball fields by the "Toys for Tots" Public Employees' Group for a softball tournament on April 23, and 24, 1988, on behalf of the Easter Seals Foundation. Rental fees for the facilities would total $100, and a $1,000,000 liability insurance policy is required for the event. (6) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the acceptance of payment of insurance premium by the San Bernardino County Sheriff's Department in lieu of rental fees for Nunez Park softball fields, be approved. . 5 4/4/88 . ENCANTO PARK - LEASE OF OLD LIBRARY BUILDING - 1244 E. NINTH STREET - JUNIOR ALL AMERICAN FOOTBALL - REPORT In a memorandum dated March 24, 1988, Roger Hard- grave, City Engineer, stated that in 1982, after the branch library was discontinued at 1244 E. Ninth Street, bids to lease this facility were solicited. No bids were received, due to the parcel being zoned R-2 and the in- ability of interested organizations to meet the minimum bid of $200 per month. The building was then leased to Junior All American Football for their use as an equipment storage facility and meeting room. (See Item 24 on Page 40 ) (7) He further noted that the building is located on Lot 8, Block 19, Rancho San Bernardino, as recorded in San Bernardino County Map Book 7, Page 2. The area of Lot 8 acquired by the City for Encanto Park is 3.72 acres. This lot, with the exception of a 102.5 foot by 136 foot par- cel, and Lot 7, were purchased in 1953 from the Federal Public Housing Administration for $12,261.52. The City has title to the property and building, and has the option to lease or sell these premises. . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the report on the size and ownership of the parcel and old library building leased by Junior All American Football in Encanto Park, be accepted and filed. CHANGE ORDER NO. ONE - CONTRACT - FERNANDO ORTEGA CONSTRUCTION - IMPROVEMENT OF PHASE II-B OF ANNE SHIRRELLS PARK (RIO VISTA) In a memorandum dated March 23, 1988, Roger Hard- grave, City Engineer, stated that the installation of a new scoreboard was included in the bid documents as Additive Alternate No. 10 for improvements of Phase II-b of Anne Shirrells Park, previously known as Rio Vista Park. The low bidder for this alternate was $9,427. Due to a shortage of funds, this alternate was not included in the contract award. (8) He further stated that the contractor, Fernando Ortega Construction, has quoted a price of $3,500 to re- move the old existing scoreboard at Fiscalini Field and re-install it at Anne Shirrells Park. . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the transfer of $3,500 from Account No. 241-361-57268, "Sixth Ward Park Extension Fund," to Account No. 243-363-57503, "Rio Vista Park Development," be approved; that Change 6 4/4/88 . Order No. One to the contract with Fernando Ortega; for construction of phase II-B of Anne Shirrells Park, pre- viously known as Rio vista Park, in accordance with Plan No. 7038, be approved, and that the contractor be authorized to remove the existing scoreboard at Fiscalini Field and re-install it at Anne Shirrells Park, at an increase in the contract price of $3,500 from $328,416.50 to $331,916.50. INSTALLATION OF STREET LIGHTS - MT. VERNON AVENUE - FROM NINTH STREET TO 21ST STREET - APPROVAL AND ACCEPTANCE OF WORK - DBX, INC. In a memorandum dated March 24, 1988, Roger Hard- grave, City Engineer, stated that all work under contract with DBX, Inc: for the installation of street lights on Mt. Vernon Avenue from Ninth Street to 21st Street, has been satisfactorily completed as of March 1, 1988. The total contract price is $121,663. (9) . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the work performed by the contractor, DBX, Inc., for the instal- lation of street lights on Mt. Vernon Avenue, from Ninth Street to 21st Street per Plan No. 7232, be approved and accepted; and that final payment be authorized at the expiration of the lien period. VACATION OF NORTHEAST ALLEY, EAST OF "I" STREET, WEST OF INLAND CENTER DRIVE - AUTHORIZATION TO PROCEED - PLAN APPROVAL In a memorandum dated March 21, 1988, Roger Hard- grave, City Engineer, stated that a request to vacate that certain portion of a northeast alley located east of "I" Street and west of Inland Center Drive has been received from 50% of the adjoining property owners. This is an unpaved alley that is not maintained by the City. The petitioner for the vacation has deposited half of the total $400 fee. The remainder will be due after the in- vestigative proceedings. (10) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that Plan No. 7426 for the vacation of a portion of that northeast alley east of "I" Street, west of Inland Cen ter Dr i ve be approved and that the City Engineer and the City Clerk be authorized to proceed. . INSTALLATION OF RELIEF SEWERS - CIRCLE ROAD, NORTH OF EDGEHILL ROAD - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE In a memorandum dated March 24, 1988, Roger Hard- grave, City Engineer, stated that plans for the proposed sewer installation have been prepared and are ready to be 7 4/4/88 . advertised. He provided a total project cost estimate of $38,000 to install a relief sewer in Circle Road, north of Edgehill Road. An allocation of $50,000 has previously been allocated to finance the costs of the project. (12 ) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the plans for installation of a relief sewer in Circle Road, north of Edgehill Road, in accordance with Plan No. 7450, be approved; and the Director of Public Works/City Engi- neer be authorized to advertise for bids. DRAINAGE IMPROVEMENT - STODDARD AVENUE AND ATHOL STREET - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated March 24, 1988, Roger Hard- grave, City Engineer, stated that plans for the construc- tion of drainage improvements in Stoddard Avenue and Athol Street, have been prepared and are ready to be advertised~ He provided a total project estimate of $15,200 and stated that $15,000 has been previously allocated to finance the costs of the project. (14) . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the plans for construction of drainage improvements at Stod- dard Avenue and Athol Street, in accordance with Plan No; 7480, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. SETTING OF APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 832 E. SAN JACINTO STREET - JAMES C. STUMP In a letter received in the City Clerk's Office on March 16, 1988, James C. Stump, owner of 832 E. San Jacinto Street, appealed the ruling of the Board of Build- ing Commissioners that the residence be demolished. He stated that the house needs basic repairs, but is of sound basic frame. He requested permits to repair the house and stated he could not repair the house previously, as he was kept off the property by a Marshal's Order issued by the courts. (15) . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the appeal filed by James C. Stump on the Board of Building Commissioners' decision to order the abatement of a structure at 832 E. San Jacinto street, be set for hearing on Monday, April 18,1988, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. 8 4/4/88 . CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the claims and payrolls and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved as follows: (16) 1. Approve the register of demand dates: March 10, 1988 March 16, 1988 March 23, 1988 87/88 87/88 87/88 #33 #34 #35 $ 513,789.60 1,896,056.00 570,685.23 2. Approve the total gross payroll for the period February 29, 1988, through March 13, 1988, in the amount of $1,386,825.26. BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that he fol- lowing resolutions of the Board of Building Commissioners be filed: (18) BBC 1202 1365 Pennsylvania Ave. Golden Realty Credit Corp. BBC 1203 1771 W. Mallory Jose A. Paniagua . BBC 1204 1320 w. Kingman St. Jose & Carmen Flores BBC 1205 3981 N. IIHII Street Edward T. Tudor BBC 1206 832 San Jacinto James C. Stump BBC 1207 2927 N. Sepulveda Mario Manzanillo & Yolanda Godoy APPROVAL OF MINUTES - MARCH 21, 1988 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 21st day of March, 1988, be continued to the Regular Meet- ing of the Mayor and Common Council to be held April 18, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (1) . STORM DRAIN INSTALLATION - NORTHPARK BOULEVARD, FROM MAYFIELD TO ELECTRIC AVENUES - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated March 24, 1988, Roger Hard- grave, City Engineer, stated that the plans for the in- stallation of a master plan 36-inch storm drain in North- park Boulevard, between Mayfield and Electric Avenues, have been prepared and the project is ready to be adver- tised for bids. He provided an estimate of the total project cost of $103,500, and stated that $89,100 has 9 4/4/88 . previously been funds of $14,400 costs. allocated for this project. Supplemental may be needed to fully finance the actual (13) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the approval of plans and authorization to advertise for bids for the installation of a storm drain in Northpark Boule- vard in accordance with Plan No. 7465, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held April 18, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . STAFFING NEW TRI-CITY FIRE STATION #11 - AUTHORIZATION TO HIRE FIRE FIGHTER TRAINEES AND EXPENDITURE OF OVERTIME FUNDS In a memorandum dated March 24, 1988, Fire Chief Gerald Newcombe stated that Fire Station #11, 450 Vander- bilt Way, will be completed by the end of April, 1988, two months ahead of schedule. There are no funds in the cur- rent budget for staffing the station. Ten fire fighter trainees to staff the station will be required to attend the eight-week Fire Academy, which starts May 12, 1988. The staffing cost will be $27,200 to July 1, 1988, and other needed personnel will be hired on July 1, 1988. (2 ) He further recommended that once the station is com- pleted, which will probably be by May 1, 1988, that a crew be assigned on an overtime basis to staff the station, in order to maintain the security of the station and to prohibit the appearance that the City is not meet- ing its commitment to provide fire protection to the area by allowing the station to be vacant. Gerald Newcombe, Fire Chief, answered questions, stating that the agenda needed to be corrected to read: "... for the purpose of hir ing ten (10) Fire Fighter Trainees...," instead of eleven (11); and "...not to exceed $60,000 for the purpose of staffing...," instead of $80,000. He stated that $20,000 of the $60,000 could be found in salary savings. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that funds not to exceed $27,200 to hire Fire Fighter Trainees, be authorized, and overtime funds not to exceed $60,000 to staff Fire Station #11 prior to July 1, 1988, be authorized. . 10 4/4/88 . VACATION OF MEYER'S ROAD, WEST OF LITTLE LEAGUE DRIVE - PLAN APPROVAL - AUTHORIZATION TO PROCEED In a memorandum dated March 24, 1988, Roger Hard- grave, City Engineer, stated that since the dedication of new Meyer's Road in May, 1982, the old Meyer's Road has not been closed to vehicular access. The alignment of old Meyer's Road is not in accordance with current standards, and it would be very expensive to bring it to acceptable standards. (11) Roger Hardgrave, City Engineer, answered questions, stating that the street has recently been closed to traf- fic, but it has not gone through the official proceedings to be vacated. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that Plan No. 7090 for the vacation of Meyer's Road, west of Little League Drive, be approved and that the City Engineer and City Clerk be authorized to proceed. . PERSONNEL ACTIONS - PLANNING DEPARTMENT BUDGET - INCLUSION OF POSITIONS FOR SENIOR PLANNER, PLANNER I, PLANNER II AND TYPIST CLERK III - PERSONNEL COMMITTEE MEETING REPORT Discussion was held concerning the need to consider Agenda Item #44, concerning including positions for Senior Planner, Planner I, Planner II and Typist Clerk III in the Planning Department Budget, and the correlation of Agenda Item #37, with regard to positions in the City Attorney's and City Clerk's Offices, before the approval of Agenda Item #17, the Personnel Actions. (See Page 37) (17, 37, 44) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Personnel Actions be continued to later in the after- noon, after discussion of Agenda Items 37 and 44. PUBLIC HEARING - ESTABLISHMENT OF TRAFFIC SYSTEMS FEE - $12 PER TRIP - NEW DEVELOPMENTS OR REDEVELOPMENT This is the time and place set for a public hearing to consider the establishment of a traffic systems fee of $12 per trip generated by new development or redevelop- ment. (19) . In a memorandum dated February 15, 1988, City Engi- neer Hardgrave stated that the proposed fee is to be used to finance the cost of new traffic control devices throughout the City, and up to 50% of the fees may be used to cover costs incurred by the Traffic Engineering per- sonnel in reviewing plans, traffic studies and other 11 4/4/88 . activities in connection with new development. The pro- posed fee is to be considered an alleviation measure for additional traffic through the City, as developments will generally have to mitigate identified environmental im- pacts within the proximity of their sites, in addition to pay i ng the fee. He further stated that the fee would be collected at the time of issuance of the building permit. The number of trips to be generated by the development will be deter- mined by the Traffic Engineer, based upon standard genera- tion rates or in approved traffic studies. It is esti- mated that approximately $300,000 would be collected in fees per year. Mayor Wilcox opened the hearing. No protests have been filed. A letter dated March 25, 1988, was received by the Mayor and Common Council from Clyde E. Sweet, Jr., Regi- stered Traffic Engineer, California TR0205, Registered Civil Engineer, California CE26690, providing technical comments on how the proposed traffic fee should be cal- culated and applied. . Steve Buswell, Legislative Advocate for the Building Industry Association of Southern California, Inc., Baldy View Region, stated that only 17% of all local governments have a traffic fee. He described the inequitable situa- tion of applying the same rate to commercial development, which generates capital, or existing traffic which would be on the street anyway, and traffic using more than one service in a center, causing duplicate traffic. He described the traffic fee as a disincentive for commercial development. The Council discussed sending proposed traffic fee back to the Ways so that this new information could final decision is made. the subject of the and Means Committee be reviewed before a Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the subject of the traffic fee be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held April 18, 1988, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California, so that the Ways & Means Committee may review it and report back at that time. . 12 4/4/88 . PROTEST HEARING - CONFIRMATION OF ASSESSMENTS - UNDERGROUND UTILITY DISTRICT NO. 13 - DOWNTOWN - FROM THIRD TO FIFTH STREETS, AND 1-215 TO WATERMAN AVENUE - CONTINUED FROM MARCH 21, 1988 This is the time and place continued to for a protest hearing and confirmation of assessments concerning Under- ground Utility District No. 13, in the downtown area from Third to Fifth Streets, and from 1-215 to Waterman Avenue. (20 ) In a memorandum dated February 19, 1988, Roger Hard- grave, City Engineer, stated that property owners within underground utility districts are responsible for conver- sion of the electrical service from aerial to underground, and extending a conduit to join the one stubbed out by Edison. Property owners within Underground Utility Dis- trict No. 13 were notified of these requirements and a majority of the owners had the necessary work done. He further stated that it was necessary for the City street lighting electricians from the Public Buildings Division and temporary personnel to accomplish the work on those parcels which the owners had failed to do. Notice was given to all property owners of parcels to be assessed these fees. . Mayor wilcox opened the hearing. A protest was filed by Chris Saldecke. Roger Hardgrave, City Engineers, answered questions, stating that Mr. Saldecke's property is not in the assess- ment district, that it had been listed in the notice of assessment in error, and that he assessment rolls have been checked to preclude further errors. James Penman, City Attorney, explained Saldecke's property is not in this assessment but it is in another assessment district. that Mr. district, A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT ROLL FOR A PORTION OF UNDERGROUND UTILITY DISTRICT NO. 13 GENERALLY LOCATED BETWEEN THIRD STREET AND FIFTH STREET AND BETWEEN WATERMAN AVENUE AND INTERSTATE 215. (20) City Clerk Clark read the title of the resolution. . Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. 13 4/4/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the hearing on the proposed assessments for conversion of electrical services within the downtown Underground Utility District No. 13, as set forth in the Engineer's Report dated February 11, 1988, be closed; and that said resolution be adopted. (This motion was later reconsider- ed, the resolution was amended and readopted - See Page 15) PUBLIC HE~RING - VEHICLE ABATEMENT CHARGE INCREASE This is the time and place set for a public hearing to consider increasing the fee charged by the City for the Fire Department to abate an inoperable vehicle. (21) In a memorandum dated March 22, 1988, Fire Chief Newcombe provided a breakdown of the cost of abating an inoperable vehicle. The total cost of a vehicle abatement is $107.48. The current charge is $25, and he recommended that an administrative fee of $100 be charged for each vehicle. Mayor wilcox opened the public hearing. . No protests have been filed. RES. 88-101 - RESOLUTION OF BERNARDINO ESTABLISHING FEES MENT OF ~BANDONED VEHICLES. THE CITY OF SAN FOR THE ABATE- (21 ) City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the public hearing be closed and that said resolution be adopted. Resolution No. 88-101 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . 14 4/4/88 . RECONSIDERATION OF CONFIRMATION OF ASSESSMENTS - UNDERGROUND UTILITY DISTRICT NO. 13 - DOWNTOWN - FROM THIRD TO FIFTH STREETS AND FROM 1-215 TO WATERMAN - CONTINUED FROM EARLIER IN MEETING Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the con- firmation of assessments of Underground Utility District No. 13, downtown, from Third to Fifth Streets and from 1-215 to Waterman Avenue, be reconsidered. (See Page1~ (20 ) Roger Hardgrave, City Engineer, advised the need to take formal action in removing the name of Mr. Chris Saldecke, #32, from the assessment roll, as his property was erroneously listed as being within this district. RES. 88-102 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT ROLL FOR A PORTION OF UNDERGROUND UTILITY DISTRICT NO. 13 GENERALLY LOCATED BETWEEN THIRD STREET AND FIFTH STREET AND BETWEEN WATERMAN AVENUE AND INTERSTATE 215. (Reconsidered from earlier meeting - See Page 14) (20) . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the resolution regarding Underground Utility District No. 13 be amended by interdelineation by removing Item #32, the name of Mr. Chr is Saldecke, 355 N. Sierra Way, from Exhibit A, and that the resolution be readopted as amended. Resolution No. 88-102 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. PUBLIC HEARING - SAAB VS. THE CITY OF SAN BERNARDINO, SUPERIOR CASE NO. 234561 - SCHOOL IMPACTION FEES - CONTINUED FROM MARCH 7, 1988 This is the time and place set for a public hearing to discuss the case of Saab vs. the City of San Bernar- dino, Superior Case No. 234561, regarding school impaction fees. This subject was previously referred to as Land- tech, Inc. and Plaza Development, regarding an apartment development called Sunpointe Village. (22) Mayor wilcox opened the hearing. . James Penman, City Attorney, provided the Mayor and Common Council with a copy of a memo and transcript of the judge's comments from the court hearing held July 16, 1987. 15 4/4/88 . The Mayor and Common Council discussed that they had not had an opportunity to read the transcript of the hear- ing of July 16, 1987, and the fact that the newer members of the Common Council are not totally familiar with the case. City Attorney Penman answered questions, stating that this item was not placed on the Council Agenda for Closed Session. The public hearing concerning this item was listed on the Agenda, and Deputy City Attorney John Wilson and Attorney Gary Smith, representing Saab, have comments concerning the case. Deputy City Attorney Wilson gave an abbreviated his- tory of the case, which was last heard in court on December 8, 1987. He stated that this case grew out of an ordinance adopted by the City requiring the payment of school impaction fees and the mitigation of the impacts of residential development on schools in the City. . He further stated that the ordinance included an exemption clause which stated that at the time of the adoption of the ordinance, developers requesting exemption from the payment of school impaction fees were required to have a verified, firm commitment for financing in place within 30 days following the date of the adoption of the ordinance. The idea behind this clause was that persons who had proceeded to a certain point in obtaining financ- ing for their project would not be caught off guard by the additional, substantial fees. Deputy City Attorney Wilson explained that pursuant to that provision, various projects came to the City Attorney's Office with letters or other evidence of their financing, and he reviewed them at that time to make a determination whether they fell within the exemption clause. With respect to the Landtech project, Mr. Wilson stated he determined that their financing did not con- stitute such evidence of firm, fixed financing as he in- terpreted the intent of the Mayor and Common Council to permit an exemption. He, therefore, required Landtech to pay approximately $95,000 in school impaction fees to the San Bernardino City Unified School District. This deter- mination has been appealed by Landtech in the case of Saab vs. the City of San Bernardino since that time. . Deputy City Attorney Wilson explained that during the first court hearing, the court remanded the matter back to the Mayor and Common Council for the adoption of defini- 16 4/4/88 . tions of specific terms set forth in the ordinance re- garding the language of the exemption. This was done by the adoption of Resolution No. 87-134. No determination was made at that time as to whether the exemption had been granted or denied. The Common Council had previously voted to deny the exemption, but that determination had been vetoed by the Mayor. On the second court appearance, the definitions of the terms of the ordinance were taken before the court in the form of Res. 87-134, with no decision from the Mayor and Common Council as to whether, in the application of those terms, Landtech had been granted or denied an exemption. The court reviewed the matter and made the initial determination that by failing to take any action, the Mayor and Common Council had, in fact, denied the exemption, and then overturned the denial. It was the court's finding that the parties were denied due process in that they had not been given proper notice of the definitions that were subsequently adopted by the Mayor and Common Council. . On Page 11 of the court's transcript, the court again remanded the matter to the Mayor and Common Council to resolve the issue of whether the developer had appropriate notice as to what terms and conditions needed to be met, in light of the later legislative action by the Mayor and Common Council in defining those terms. Deputy City Attorney Wilson stated that it is the basic argument of the City Attorney's Office that the developer was at all times on notice as to the definitions of the various terms and conditions as they specifically applied to their project. By the action taken by the Mayor and Common Council adopting the resolution defining the terms, they essentially codified the various defini- tions that had been applied at all times since the adoption of the ordinance. He presented proposed Findings of Fact for adoption by the Mayor and Common Council. Deputy City Attorney Wilson requested that every prehearing docu~ent, trans- cript and communication between the City and project developers and the school district be incorporated by reference into these proceedings. (Documents never received by City Clerk) . Deputy City Attorney Wilson stated that with respect to the specific findings of fact as proposed by the City Attorney's Office, Res. 85-337 was the original statute adopting the school impaction fees. By that language, it is intended to mean that under the provisions of the 17 4/4/88 . resolution, existing situations were to be reviewed re- garding placing the developer on notice as to what action was required to have his project qualify for exemption from school impaction fees. With regard to Section 3 of the proposed findings, Deputy City Attorney Wilson stated it is a matter of record that on September 13, 1985, Landtech submitted an application letter for an exemption from school impaction fees. The letter contained language that the commitment is subject to review and approval by the lender's senior loan committee and the lender's sole discretion. As set forth in Section 4 of the proposed findings, Deputy City Attorney Wilson stated that the determination was made by himself that the letter from the lender did not set forth such firm commitment for financing as would qualify for an exemption under Section 9J of Res. 85-337. Deputy City Attorney Wilson distributed copies of a letter prepared by former City Attorney Prince in response to a letter from the project developer regarding the request for the exemption. . City Attorney Penman recommended that at the close of the hearing on this matter, the Mayor and Common Council take the issues under submission, continue them to the next meeting and review all of the documentation between now and the next hearing. Any further questions can be answered at the next hearing. Deputy City Attorney Wilson explained that with respect to Item 6 of the proposed findings, Landtech was made aware of the standard being applied for the granting of exemptions, orally and in writing, on the dates of September 16,19, and 27,1985, and on numerous other occasions in 1985. With respect to the dates of September 16, and 19, 1985, Mr. Wilson submitted into evidence a letter from the attorney for the proponent setting forth a set of facts regarding the City's preliminary negotiation regarding the exemption. He essentially concurred with the statement of facts in that letter, which reveals that the parties were placed on notice as to the specific deficiencies that were found in their submittal and that they were given ample opportunity to bring their letter into compliance with what the standard was at that time. . Deputy City Attorney Wilson stated that Section 7 of the proposed findings of fact states that on or about September 16, 1985, Landtech was placed on notice that the City had found a deficiency in their request for exemp- tion. The resolution exemption provision in effect at 18 4/4/88 . that time stated that applicants for exemption had until December 16, 1985, to apply and had an open period in which to prove they had complied with the statute prior to that date. Applicants were required to prove they had firm, fixed financing by September 19, 1985, but the language of the resolution was open ended so that they could come in, for example, in January of this year know- ing they had the exemption prior to that time, and they would be entitled to the paperwork. A subsequent ordi- nance closed that open ended period and made a final sub- mission date of December 16, 1985. He further explained that Item 8 was included because in a prehearing before this body, it was determined that the financing actually used for the construction of the project was in dispute with respect to the exemption. Prior to the initial appearance before the Mayor and Com- mon Council, the Legislative Review Committee determined that Landtech had abandoned the use of financing from the Nevada National Bank and intended to pursue the project with other financing. Deputy City Attorney Wilson stated this should be taken into consideration in determining whether the financing was such a verified, firm commitment in place and recorded, as was required by the statute for the exemption. . Deputy City Attorney Wilson stated that Item 9 re- states definitions of various terms adopted in Res. 87- 134, and that the language for the definition for the terms was consistent with the definition that was opera- tive since the beginning of the resolution and the exemp- tion period. The adoption of the resolution simply accomplished the recordation of the definitions. He requested that the Mayor and Common Council find that Landtech was not entitled to the exemption. Gary Smith, attorney representing Saab (Landtech), stated his surprise at hearing new facts during the re- hearing of this matter, and that he does not recall Res. 85-337 being open ended, nor was he aware of any future ordinance passed to close off the time frame. . He stated that copies of former City Attorney prince's letter dated September 27, 1985, addressed to him, were apparently given to the Mayor and Common Council by Deputy City Attorney Wilson as basis that proper notice was given to the parties involved. He pointed out that the only portion of that letter where there is mention of the language of the resolution is in the third paragraph which states, "...Thus, it was a conditional and not, in 19 4/4/88 . my judgement, a verified, firm commitment for financing in place and recorded as required by Section 9J as was pre- viously determined." He explained that this was unclear to him and to the court as well. Attorney Smith stated he did not have copies of notices dated September 16, and 19, 1985, as described by Deputy City Attorney Wilson. He noted a discrepancy in applying the language of the requirements for exemption, as described in his petition for Writ of Mandate. He stated that a gentleman named Barmakian submitted a loan commitment letter from his bank, which was unsigned, and contained conditional language similar to Landtech's letter. The Legislative Review Committee reviewed the letter and found it was standard language found in any loan commitment letter for a construction loan. He stated that Landtech also had a commitment for a $2,500,000 unsecured loan, which he described as "unheard of" in the construction business. He stated it is very unusual and gives indication of the seriousness of the lender and the credit of the person borrowing the money. . Attorney Smith further stated that Landtech was given the period of September 16 - December 16, 1985, in which to conform its application for exemption. They had additional time when they went before the Legislative Review Committee, which found that the application should be granted and gave Landtech an additional 30 days to pull building permits. Landtech was unsure if they could get the permits in that time frame. He stated that the court specifically found that as Res. 85-337 then existed, no one could understand what the terms and conditions of Section 9J were or what they meant and it is evident from the administrative record of the proceedings that the City Council did not understand it either. . He further stated that it was not until the City took legislative action in defining those terms by Res. 87-134, two years later, that Landtech could now reasonably decide what they meant and what a person must do in order to meet the qualifications for exemption. He stated that it is the court's opinion that the Common Council denied the application by implication on terms and conditions which were not in existence at the time the petitioner made application. The petitioner had no notice based upon which to conform his application, which constituted a denial of the basic concept of due process. 20 4/4/88 . Attorney Smith stated that if the Mayor and Common Council adopted the findings of the City Attorney's Office, it flies in the face of the opinion of the court. The court had the opportunity to review the entire record and hear all of the facts and arguments. There was never an agreement among the Council Members presiding at the time this exemption was denied concerning what was taking place. Attorney Smith described a telephone conversation held by himself, Deputy City Attorney Wilson and Mr. Nix of Nevada National Bank. He stated that he suggested the conditional language be taken out of the commitment letter and that the lender notify Landtech that it was only being taken out for the purpose of pleasing the City. He stated that Deputy City Attorney Wilson agreed with this and that Mr. Wilson stated it did not matter if the loan was ever funded, it was a matter of giving the firm commitment at the time. Mr. Nix of Nevada National Bank could not change the wording, as it is standard in all of the bank's loan commitment letters. . Attorney Smith stated that Mr. Barmakian's letter was not signed and did have conditional language in it. He was told that Barmakian was given the exemption because he had paid $16,000 for a loan commitment fee to the bank, which was not a matter of public record. Mr. Smith stated there is nothing in Section 9J of the resolution to ex- plain what a verified, firm commitment in place and recorded means, and that the City Attorney's Office was unsure of what it meant also. Mr. Smith described the bottom line as being if the Common Council disagrees with the City Attorney's Office, the City will owe Landtech some money. He stated that he San Bernardino City Unified School District got the bene- fit of the money and left the matter in the City's lap. He asked that the Mayor and Common Council find that they were in error in not granting the exemption and requiring Landtech to pay the San Bernardino City Unified School District. He explained that the reason Nevada National Bank did not end up being the lender for the project was that Land- tech could not do business with them as their loan package did not have the exemption in it or the extra money to pay the school impaction fees. . Attorney Smith answered questions, describing the project as an apartment project known as Sunpointe Village, locate off Waterman Avenue, below 13th Street. 21 4/4/88 . He stated that approximately $97,000 in school impaction fees was oaid. When asked if it is his contention that all of this money be refunded to him, he stated that the Mayor and Common Council could make him an offer he cannot refuse. City Attorney Penman stated that the San Bernardino City Unified School District would owe the money back because they received the benefit of it. Attorney Smith answered questions regarding the court remanding the matter back to the Mayor and Common Council, stating that the court felt there was a denial of due process under the 14th Amendment. City Attorney Penman stated that the court wants the Mayor and Common Council to make a definite yes or no decision as the Common Council took action which was vetoed by the Mayor and the question remains as to whether there was an action or not. . Deputy City Attorney Wilson stated that the original action to deny the exemption was vetoed by the Mayor. He described the issue before this body as being whether this party had proper notice of the definitions of their re- quirements. He argued that they did have such notice, despite the fact they did not have notice of the specific language. Landtech was told specifically what was wrong with their commitment letter. City Attorney Penman read from Page 11, Line 13 of the court transcript which was previously given to the Mayor and Common Council regarding the remanding of the issue to the Mayor and Common Council. Deputy City Attorney Wilson noted that with respect to the Barmakian letter and all of the other exemptions granted, the court specifically found in prior proceedings that they were totally irrelevant to these proceedings. Attorney Smith answered questions regarding the matter of interest being required on the refund of the school impaction fees, stating that Landtech would con- sider waiving the matter of interest for a cashier's check today. . Clayton Parker, attorney representing the San Ber- nardino City Unified school District since 1985, stated it is the contention of the San Bernardino City Unified School District that Landtech did not fall within the qualifications for an exemption. He stated that there was a significant difference in the Barmakian issue. Landtech paid their fees and they have been spent by the San Ber- nardino City Unified School District. 22 4/4/88 . He answered questions regarding whether the fees from Landtech's project were used for the school in the pro- ject's neighborhood, stating that fees paid cannot be tracked to individual schools. Attorney Gary Smith, representing Landtech, stated that Landtech's apartments are a retirement project with- out children. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the matter of Saab vs. the City of San Bernardino be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, to be held Monday, April 18, 1988, in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting. There were no available attorneys to take his place. . REQUEST TO RELOCATE CLASSROOM MODULE - ST. ANTHONY'S SCHOOL - 16TH & WESTERN AVENUE In a memorandum dated March 29, 1988, Council Member Pope-Ludlam requested temporary approval for St. Anthony's School to place a classroom module on the school property located at 16th Street and Western Avenue, until proper permits can be obtained. (S-3) Sister May of St. Anthony's School spoke regarding the need for the classroom module. Ray Schweitzer, City Administrator, answered ques- tions regarding how long it would take to get permits to move the module. Discussion was held concerning the need for a moving permit through the Planning Commission and the Mayor and Common Council taking three months to process. Council Member Pope-Ludlam stated that the classroom module has already been moved. Sister May answered questions, stating that notice was given that the module was to be moved by the previous Wednesday or destroyed. There was no time to come before the Council before that time, so the module was moved. . Ann Siracusa, Planning Director, stated that of the module requires a Conditional Use Permit. no provision of any kind for a temporary permit. the move There is 23 4/4/88 . Shauna Clark, City Clerk, provided information re- garding the past practice of the Council being that if steps are being made to follow the approval process by applying for a Conditional Use Permit, the action is per- mitted in order to allow time for the legal process to be followed. Sister May stated that she has polled the neighbors of St. Anthony's School and has their 100% support. James Richardson, Deputy City Administrator/Develop- ment, stated that the Director of Building and Safety advised that the moving of a temporary modular building does not require a moving permit, as long as the applicant does not make use of it for a 90 day period. Shauna Clark, City Clerk, recommended that no formal action be taken on this item because there is no mechanism for granting a temporary approval, and suggested that the Council table the matter. . Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the matter concerning the granting of a temporary approval to St. Anthony's School to place a classroom module on school property at 16th Street and Western Avenue until such time as proper permits can be obtained, be continued for ninety days with the understanding that the school is proceeding with the Conditional Use Permit process. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting. REQUEST FOR CLOSED SESSION - PERSONNEL MATTERS Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the Mayor and Common Council recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. (46) The motion carried by the following vote: Council Members Estrada, Flores, Pope-Ludlam, Noes: Council Members Reilly, Maudsley, Minor. None. Ayes: Miller. Absen t : Mayor wilcox vetoed the motion, stating that the time had passed to begin the meeting of the Community Develop- ment Commission/Redevelopment Agency meeting and there were attorneys waiting to proceed. . 24 4/4/88 . 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. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Section 54956.8 to meet with negotiators to discuss the terms of disposition of certain real property general- ly located at Baseline and Medical Center Drive - the party with whom the Agency's negotiator may negotiate is Haagen Development Corporation; and to discuss the terms of disposition of certain real property generally located in the Auto Plaza in the Southeast Industrial Park Project Area - the party with whom the Agency's negotiator may negotiate is Orange Show Plaza Associates, a California Limited Partnership. (RS-l & RS-2) . CLOSED SESSION At 11:35 a.m., Session to order in Chambers, City Hall, California. Chairman wilcox called the Closed the Conference Room of the Council 300 North "D" Street, San Bernardino, ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Executive Director of the Redevelop- ment Agency Saul. Absent: City Clerk Clark. Also present were: Bond Counsel Sabo, Deputy Director of the Redevelopment Agency Lowder, Development Specialist Hoeger. RECESS CLOSED SESSION At 12:02 p.m., the Closed Session recessed to the Regular Meeting of the Community Development Commission/ Redevelopment Agency in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECONVENE MEETING At 12:02 p.m., Chairman Wilcox called the Regular Meeting of the Community Development Commission/Redevelop- ment Agency to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 25 4/4/88 . CLOSED SESSION Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the Closed Session for discussion with negotiators to discuss the terms of disposition of certain real property generally located at Baseline and Medical Center Drive be continued to later in the afternoon. (RS-l) RECESS MEETING - LUNCHEON WORKSHOP At 12:02 p.m., the Mayor and Common Council recessed to the Management Information Center (MIC Room), Sixth Floor of City Hall, 300 North "D" Street, San Bernardino, for a luncheon workshop with the Planning Commission to discuss the sign code. (34) RECONVENE MEETING At 12: 26 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Management Information Center (MIC Room), Sixth Floor of City Hall, 300 North "D" Street, San Bernardino. . ROLL CALL Roll Call was taken by Deputy City Clerk Lang with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud- lam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Lang, City Administrator Schweitzer. Absent: None. Also present were: Planning Commissioners Cheryl Brown, Mayoral appointee; Robert Stone, Fifth Ward; Ruben Lopez, Second Ward; Francisco Gomez, First Ward; Roy Nier- man, Mayoral appointee; Deputy City Administrator/Admini- stration Robbins, Planning Director Siracusa, Principal Planner Bautista, Redevelopment Agency Engineering Design Coordinator Estevene, Redevelopment Agency Main Street Coordinator Harris, Senior Planner Gundy, Executive Assistant to the Council Arvizo. SIGN CODE - LUNCHEON WORKSHOP WITH PLANNING COMMISSION This is the time and place set for a luncheon work- with the Planning Commission to discuss the sign (34 ) shop code. . Ed Gundy, Senior Planner, passed out copies of the current sign ordinance, and outlined areas of concern from staff and the Planning Commission. He described possible amendments to be made to the code, stating that there have been few amendments made since its adoption in November, 1986. 26 4/4/88 . Some areas of concern expressed by Senior Planner Gundy were: pole signs, monument signs, the Central Busi- ness District and special consideration to high rise buildings due to volume, size or mass, balloons, commer- cial building signs, freeway signs, conglomeration signs and an amortization program to bring existing signs into conformance with the code. Planning Commissioner Nierman requested direction from the Mayor and Council regarding the approval process of signs and taking into consideration the desires of the citizens affected by signs and the desires of the business itself for visibility. He stated that the Planning Com- mission has been extremely restrictive, more so than the Mayor and Council and the Commission needs direction for the future. Planning Commissioner Stone requested that more con- sistent sign restrictions be regulated. Planning Commissioner Brown spoke regarding research she did when writing the sign ordinance for the County of San Bernardino. She expressed the need for determination of a "look" that is desired for the City so that decisions may be made in that direction. . Planning Commissioner Lopez stated that the present sign ordinance needs no change, but Variances and Condi- tional Use Permits should not be easily approved. Discussion was held concerning the revision of the General Plan for the City of San Bernardino dictating some regulations regarding the "look" of the communi ty and the review of the sign code by the 2010 Task Force. The pos- sibility of amending the code, or developing a more definitive direction of change in the City, was discussed. An amortization program giving a specific date for existing signs to conform with the code was proposed. Planning Director Siracusa described the need for a separate mechanism for sign approval other than a vari- ance, so that findings can be made concerning the types of things that affect signs. She suggested that an aggres- sive code enforcement program be implemented for abandoned signs. . The sign code for other cities, such as Palm Springs, was discussed, along with the need to take requests for non-conforming signs on an individual basis according to their particular circumstances. 27 4/4/88 . Planning Commissioner Gomez expressed the need to consider possible problems before they arise and the need for consistency in making decisions. The usefulness of having commercial centers submit- ting a sign program for the center to the City, so that all tenants of the center know beforehand what is permis- sible, was discussed. Main Street scale of signs Guidel ines for before the Mayor Coordinator Harris stated that design and must be spelled out in the ordinance. the Main Street design will be coming and Common Council within the next month. The owners of ing signs need for communication between the Ci ty and older commercial developments with non-conform- was expressed, along with balance of signs. Planning Commissioner Nierman spoke regarding the need for code enforcement to have existing new buildings that have non-conforming signs brought into compliance so that businesses getting ready to install signage do not feel the need to compete with the outlaw signs. . Executive Director of the Redevelopment Agency Saul stated that the Merchants Association is researching the usefulness of joint advertising. Once outlaw signs are not allowed to continue, businesses will find other, more positive ways to compete for advertising. The illegal use of balloons for advertising, such as hot air balloons over businesses, was discussed. Mayor Wilcox stated that the City has all the ordi- nances it needs, but they need to be enforced. Planning Commission Gomez stated that a ance program for existing non-conforming brought into compliance would be desirable. loan assist- signs to be Planning Director Siracusa suggested that a specific Sign Code Enforcement Officer charging fines for illegal signage would provide funds that could be used in a loan assistance program for existing non-conforming signs. Discussion was held concerning having the Legislative Review Committee and the Planning Commission review the sign ordinance. No formal action was taken. . 28 4/4/88 . RECESS WORKSHOP At 1:20 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the luncheon workshop recess until 2:00 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:05 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. . APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF VARIANCE 88-1 - INCREASE HEIGHT OF FREEWAY SIGN - CARL'S JR. RESTAURANT - 290 E. REDLANDS BLVD. - JOHN MURRAY - CARL KARCHER ENTERPRISES, INC. This is the time and place set for an appeal hearing concerning the denial of Variance 88-1 by the Planning Commission. An application was filed by John Murray on behalf of Carl Karcher Enterprises, Inc., to increase the height of a freeway sign to 60 feet for a Carl's Jr. Restaurant located at 290 E. Redlands Blvd., which exceeds the maximum allowed by Municipal Code Section 19.60.220 (f). (40) Mayor wilcox opened the hearing. Ann Siracusa, Planning Director, described the re- quest of Carl Karcher Enterprises, Inc. to raise a freeway sign to 60 feet, which exceeds the 40-foot maximum allowed by Code, as outlined in her staff report dated March 22, 1988. . John Murray of Carl Karcher Enterprises, Inc., 1200 N. Harbor Blvd., Anaheim, disagreed with the Planning Director's staff report concerning the issue of quoting his lessor, Mr. Simchowitz. Mr. Murray stated his lessor told him that the issue of trying to put two signs on one pole was an issue that needed to be addressed first, before requesting an increase in height. His lessor was also applying for approval to put two signs on one pole and felt they should not both be trying to get variances at the same time. 29 4/4/88 . He further stated that the site was targeted to see at what minimum height it was visible, which he determined to be sixty feet, due to trees in the freeway right-of-way blocking the view. Alfonso Jackson of Popeye's Chicken stated that cus- tomers pass his store while driving on the freeway due to their inability to see the sign and must exit the freeway some distance later to go back to his restaurant. Ann Siracusa, Planning Director, answered questions, stating that the Planning Commission and Planning Depart- ment staff did not feel that an exception could be made because the situation was unique due to the Findings of Fact. John Murray of Carl's Jr. answered questions regard- ing the visibility of the sign going eastbound on Inter- state 113. He stated he is trying to work the situation out with Cal Trans to remove the palm trees which block the view of the sign. He further stated he does not believe that taking out a palm tree would alleviate the problem because it is a row of 413 palm trees obstructing the sign. Their removal is not acceptable to Cal Trans. . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, and that the appeal of Variance 88-1 be denied. APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 88-4 - LIQUOR STORE - NORTH SIDE OF HIGHLAND AVENUE, NEAR PALM AVENUE - STEVE HALL - JAMES SIMPSON - JOHN LIGHTBURN & ASSOCIATES This is the time and place set for an appeal hearing as requested by John Lightburn & Associates, concerning the Planning Commission's denial of Conditional Use Permit 88-4 applied for by Steve Hall to establish a liquor store in a multi-tenant commercial center located on the north side of Highland Avenue, 235 feet east of the center line of Palm Avenue, on property owned by James R. Simpson. (41) Mayor Wilcox opened the hearing. . John Lightburn of John Lightburn & Associates, handed out Attachment "C", conditions of development that were omitted from the agenda back-up. He objected to Findings of Fact #2, that the liquor store will adversely affect adjoining land uses. He stated that the closest school is north of the proposed project, approximately 4/113s of a mile. 313 4/4/88 . He pointed out that the Police Department recommended approval of the Conditional Use Permit in #8 of the Ob- servations. In Attachment B-2, the applicant states willingness to abide by stringent regulations. The pro- posed store would have shelf space of 5% hard liquor and 17% overall. Mr. Lightburn provided photographs of various neigh- boring businesses and referred to his letter dated March 15, 1988, in the agenda back-up. Several letters of protest were received, including a joint letter from the following business owners in the Highland and Palm shoppi ng center: Lori Panz i no of Hi gh- land Stern and Petal; Jan and Sam Spencer of Emma's Trunk; Jennie and Alfred Carranza of Toni's Highland Fabrics; M. Tehranchi of Roberto's Pizza; and J. V. Patel of Palm Liquor. . Letters were also received from Mrs. Kaare O. Asper, 3850 E. Atlantic #275, Highland; two from Geveva L. and Earl W. Ringness, 3850 Atlantic Avenue #168, Highland; Roger & Ray Hamamura, 3683 Orchid Drive, Highland; DeLarse DalliCardillo, 3661 Orchid Drive, Highland; Steven P. Lamberson, 226 Bradford #124, Highland; Milt Myers, 3014 Mt. Top Drive, Highland; Linda Crowell, 2637 Mercedes, Highland; Robert Copeland, 3649 Holly Vista, Highland; Gordon Kammeyer, 3803 E. 28th Street, Highland; June KIebel, 4040 Piedmont, sp. #100A, Highland; and Catherine P. Brougham, 2970 Palm Avenue, Highland. James Penman, City Attorney, answered questions, stating that the ordinance says you must have Findings of Fact to approve a Conditional Use Permit, but not neces- sarily to deny it; however, it is good to have them either way. Ann Siracusa, Planning Director, stated that the Planning Commission did give Findings of Fact for denial of the Conditional Use Permit in their statement of official action. Staff initially recommended approval of the project. Lori Panzino, owner of Highland Stem and Petal, and Chairperson of the Highland and Palm Shopping Center Busi- ness Owners, presented a signed letter dated April 4, 1988, from nine owners of small businesses in the center, supporting the denial of Conditional Use Permit 88-4. . She spoke regarding vandalism, drug and alcohol abuse, trash and loitering problems in the shopping cen- ter, and against the approval of another liquor store to provide a place for such activity. 31 4/4/88 . She stated that the Community Service Center located 110 feet from the proposed liquor store, is not a police center. Linda Crowell, 2637 Mercedes, Highland, spoke against having another liquor store in the area. June Klebel, 4040 piedmont Space #100A, Highland, pointed out discrepancies in Mr. Lightburn's presentation, stating that 300 feet east of the proposed liquor store is Bradford Avenue, which is used by children to and from school; there is no police center manned 24 hours a day and a crossing guard helps children across Highland Avenue on their way to school. She also spoke regarding problems with teenagers at the Highland and Palm center. Lt. David Snell of the Police Department met with the business owners in the center to discuss the juvenile delinquency problem. Lori Panzino, owner of Highland Stem and Petal, described the Community Center which is located in a trailer in the parking lot of the Highland and Palm shop- ping center. There are no officers in the trailer at any given time. Services such as writing off tickets, etc. are provided at the center. . Council Member Minor stated that the Community Center has a police assistant to provide some community services. Steve Lamberson, 2266 Bradford #124, spoke regarding traffic going to the San Bernardino mountain area, and the undesirability of having another liquor store to provide alcohol to those drivers. He also spoke against having another place in the neighborhood for teenagers to loiter. Zelmore Miles, 3673 Orchid Drive, Highland, which is directly across from the shopping center, stated that liquor may be purchased from Stater Bros., Palm Liquor, Roberto's, Circle K and Stop and Go, so there is no need for another liquor outlet. He also complained that the noise problem in the neighborhood will become worse. John Lightburn, representing the applicant, stated that they sympathize with the problems; however, they cannot be blamed for the them and can only agree to take care of their own business and meet all requirements. He further stated that the proposed store is on the down side of the street coming from the mountains. . Ann Siracusa, Planning Director, answered questions concerning the reason staff reversed its recommendation from approval to disapproval of the Conditional Use Per- mit. Using ABC standards, the area was not oversatur- 32 4/4/88 . ated with liquor stores and staff recommended approval; however, information was brought forward after the CUP went before the Planning Commission from a large number of protests and testimony indicating discrepancies as result of the liquor outlets, and staff reversed their recom- mendation. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed. Council Member Maudsley made a motion, seconded by Council Member Minor, that Conditional Use Permit 88-4 be denied, and that the Findings of Fact in the Planning Commission's recommendations for denial be incorporated into the record. The motion carried by the following vote: Council Members Reilly, Flores, Maudsley, Minor, Noes: Council Members Estrada, Pope-Ludlam. None. Ayes: Miller. Absent: . CHANGE OF ZONE 88-2 - FOUR PARCELS - NORTHWEST CORNER OF VICTORIA AND MARSHALL - ONE PARCEL - NORTHEAST CORNER OF VICTORIA AND PIEDMONT - OWNERS, KOHRELL, GORBEA, FORD, BALLINGER - APPLICANT, CITY OF SAN BERNARDINO In a memorandum dated March 28, 1988, Ann Siracusa, Planning Director, stated that the City of San Bernardino is requesting Change of Zone 88-2 to change the zoning on four parcels from R-1-10,800, Single Family Residential, to T, Transitional, and on one parcel from R-1-7200, Single Family Residential, to T, Transi tional. (42) The four parcels are located at the northwest corner of Victoria and Marshall and consist of 2,101 acres. The single parcel is located at the northeast corner of vic- toria and Piedmont, consisting of .164 acres. Property owners include Randy L. and Sheila T. Kohrell, Ben Gorbea, Woodrow W. and Audie Ford, Edward L. and Dorothy J. Bal- ling er . Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the responses to comments be approved; that the Negative Declaration for environmental impact which has been re- viewed and considered be adopted; that the recommendation of the Planning Commission be approved, and that the City Attorney be directed to prepare the necessary amendments to the Zoning Code. . 33 4/4/88 . CHANGE OF ZONE 87-22 - STRIP OF LAND 20 FEET WIDE - WATERMAN AVENUE TO EAST, EXTENDING 985.55 FEET WEST, 716.60 FEET SOUTH OF CAROLINE STREET - OWNER, SP COMMERCIAL DEVELOPMENTS - APPLICANT, PROJECT ADMIN. TEAM In a memorandum dated March 28, 1988, Ann Siracusa, Planning Director stated that Change of Zone 87-22 has been requested by Project Admin. Team, to change the zone from M-l, Light-Industrial to C-M, Commercial-Manufactur- ing, on a 20 foot wide strip of land bordered by Waterman Avenue to the east, extending 985.55 feet west, and 716.60 feet south of Caroline Street. The property is owned by SP Commercial Developments. (43) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the responses to comments be approved; that the Negative Declaration for environmental impact, which has been re- viewed and considered, be adopted; that the findings and recommendation of the Planning Commission be approved, and that the City Attorney be directed to prepare the neces- sary amendments to the Zoning Code. . PLANNING DEPARTMENT BUDGET - REQUEST TO INCLUDE SENIOR PLANNER, PLANNER I, PLANNER II, TYPIST CLERK III In a memorandum dated March 23, 1988, Ann Siracusa, Planning Director, requested funding in the Planning Department Budget for four new positions authorized by the Mayor and Common Council on February 15, 1988, for the balance of the fiscal year. The positions will be funded by a building permit fee collected as result of the Mora- torium Exemption Committee action to exempt specific pro- jects. These positions are Senior Planner, Planner I, Planner II, and Typist Clerk III. (44) Ann Siracusa, Planning Director, answered questions, stating that the budget has enough salary savings to fund the positions for the balance of this year, and the cost will be $135,000 on an on-going basis. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley, that the personal services budget line be increased in an amount adequate to cover the posi- tions approved for the Planning Department on February 15, 1988, and that staff be directed to prepare and process the necessary paperwork to increase the budget line and fund posi tions. . The motion carried Council Members Estrada, Ludlam, Miller. Noes: None. by the following vote: Ayes: Reilly, Maudsley, Minor, Pope- Council Member Flores. Absent: 34 4/4/88 . COUNCIL PERSONNEL COMMITTEE MEETING MINUTES - MARCH 24, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Council Per- sonnel Committee, provided a report of the minutes of their meeting held March 24, 1988, at which time the fol- lowing items were discussed: (37) 1. Increase Authorized Strength of Fire Department to Staff Station 11 - The Com- mi tteerecommended approvaCCifi3 request to hire personnel on May 12, who need to attend the Fire Academy; cost will be $27,200. The Committee also recommended that at least $40,000 be committed to assign a crew on an overtime basis to the new fire station (between May 1 and July 1). If, after review by the City Administrator and the Fire Chief, there are salary savings available, an addi- tional sum of $20,000 would be appropriated. See attached memo. 2. Establishment of Traffic Engineering Section - Item continued. . 3. ~ec~nition of Employees - The Committee recommended approval of the program and re- quested it be placed on the April 18, Agenda and, as a courtesy, the AFSCME be included in distribution. (See attached) 4. !elephone Manning Authorized Strength - The Commi ttee recommended approval. (Request attached) 5. ~i!Y Attorney Request for Secretary -The Committee recommended approval. (Information attached) . 6. ~i!Y Clerk Presentation - The Committee received and was receptive to a plan pre- sented by City Clerk Shauna Clark regarding staffing in her department. No action was required by the Committee. Her proposal would allow her to hire two persons, one to use as a "floater" to cover during maternity leaves of three of her present employees. Cost would be paid from salary savings of the employees on leave. In October-November, this employee would shift to the election budget. This "floater" would be brought on as a prov isional employee for a one-year period. 35 4/4/88 . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Council Personnel Committee meeting held March 24, 1988, be received and filed. CITY ATTORNEY'S OFFICE - INCREASING NUMBER OF LEGAL SECRETARY I POSITIONS FROM 1 TO 2 In connection with the Council Personnel Committee meeting minutes of March 24, 1988, Item E, Assistant City Attorney Denise Brue answered questions regarding the use of a resolution to make a transfer appropriation from the line item account for legal defense costs to the line item account for attorney personnel services. (37e) City Clerk Clark recommended that past practice be followed and that the fund transfer be made by motion, which would give it the same effect. Making this fund transfer by resolution would set a precedent and a resolu- tion requires much more administrative work than a motion. Assistant City Attorney Brue agreed that the fund transfer be made by motion. . Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that $6,312 be transferred from line item account 001-452-53050 (Legal Costs in Defense of Lawsuits - Risk Management) to line item account 001-051-10322 (Personnel Services - City Attorney) . . RES. 88-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 EN- TITLED IN PART "A RESOLUTION...OF THE CITY OF SAN BERNARDINO"; BY INCREASING THE NUMBER OF FIRE FIGHTER POSITIONS FROM 71 TO 80; ENGI- NEER POSITIONS FROM 42 TO 45; CAPTAIN POSI- TIONS FROM 36 TO 39 AND FIRE PREVENTION IN- SPECTOR POSITIONS FROM 1 TO 5; AND CREATING THE POSITIONS OF SENIOR FIRE PREVENTION IN- SPECTOR, TYPIST CLERK III, FIRE EQUIPMENT MECHANIC I, DISPATCHER I AND DISPATCHER II; AND DELETING THE POSITIONS OF FIRE PREVENTION SPECIALIST, FIRE PREVENTION TECHNICIAN, COM- MUNITY RELATIONS TECHNICIAN, INTERMEDIATE TYPIST CLERK, FIRE EQUIPMENT SHOP FOREMAN, EQUIPMENT MECHANIC, EQUIPMENT MECHANIC HELPER AND DISPATCHER 1/11 IN THE FIRE PREVENTION DIVISION AND CHANGING THE NUMBER OF LEGAL SECRETARY I 's FROM 1 TO 2 IN THE CITY ATTOR- NEY'S DEPARTMENT. (37e) City Clerk Clark read the title of the resolution. 36 4/4/88 . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-103 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Personnel Actions, submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (See Pagell)(17) APPOINTMENTS . Parks, Recreation and Community Services Joy Barba - Special Olympics Coordinator - Effective April 5, 1988 Planning John E. Montgomery - Principal Planner - Effective April 5, 1988 Public Works/Public Buildings Philip A. Ukleja - Maintenance Painter - Effective April 5, 1988 City Clerk Kimla Hartsaw-Brown - Typist Clerk II - Effective April 18, 1988 City Attorney Deborah Y. Shiflett - Legal Secretary I - Effective April 11, 1988 APPOINTMENT TEMPORARY Animal Control Yoshimi Turner - Animal License Checker - Effective April 5, 1988 through October 4, 1988 Public Works/Public Buildings . Custodial Aide - Effective April 5, 1988 through October 4, 1988 37 4/4/88 . wissam Y. Hanna Michael D. Williams Lydia Raya Parks, Recreation and Community Services Gerald Griffin - Senior Recreation Leader - Effective April 5, 1988 through October 3, 1988 Alice Tellez - Senior Services Aide - Effective April 5, 1988 through October 3, 1988 Recreation Aide - Effective April 5, 1988 through October 3, 1988 Nicholas Alexander Greg Carter Maria Medina Recreation Leader - Effective April 5, 1988 through October 3, 1988 David Ashe Veronica McKinney Michael Irons Linda Carter - Teacher - Effective April 5, 1988 . Emily Mendoza - Food Service Worker I - Effective April 5, 1988 Mary Roberts - Senior Services Aide - Effective April 5, 1988 Francis Rosales - Kitcher Helper - Effective April 5, 1988 City Clerk Jeannemarie E. Bedoya - Typist Clerk II - April 18, 1988 PROMOTION City Attorney Alexander L. Valenzuela - From Code Compliance Officer to City Attorney Investigator - Effective April 5, 1988 Fire Jesse Campos - From Fire Engineer to Fire Captain - Effective April 5, 1988 . Dennis L. Moon - From Firefighter to Fire Engineer - Effective April 5, 1988 38 4/4/88 . Planning Valerie Ross - From Planner II to Senior Planner - Effective April 5, 1988 COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all of the reso- lutions on the agenda. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolutions be waived. 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. (Continued from March 7, 1988) (23) . James Penman, City Attorney, answered questions re- garding the meaning of Lines 24 and 25 in the body of the resolution. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. Discussion was held concerning collected fees bene- fiting the area from which they were collected. City Clerk Clark read the following statement from Steve Buswell, Legislative Advocate, Building Industry Association of Southern California, Inc., Baldy View Region, as he requested since he had to leave the Council Meeting: liRe: Item 23 We ask that the fee be applied uniformly throughout the city, and that special assess- ments for storm drainage be avoided. . 39 4/4/88 . Further, that there be a reasonable relation- ship between the fee's use and the type of development project on which the fee is imposed. Thank you, Steve Buswell 4/4/88 BIA" Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the resolution establishing a schedule of fees for storm water drainage facilities construction and drainage fees for land subdivision and development within the City, be con- tinued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held Monday, April 18, 1988, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . RES. 88-104 - 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. (See Item #7 on Page 6) (24 ) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-104 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13187, LOCATED WESTERLY OF LITTLE MOUN- TAIN DRIVE, APPROXIMATELY 800 FEET NORTH OF 48TH STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVIS ION, WITH TIME FOR PERFORMANCE SPECIFIED. (25) . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the resolution approving the final map for Subdivision Tract 13187 be continued to the Regular Meeting of the Mayor and 40 4/4/88 . Common Council of the City of San Bernardino to be held Monday, April 18, 1988, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, so that a full report on the development, including lot sizes, can be made. RES. NO. 88-105 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE- MENT NO. 47 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 8-5033 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTA- TION. (26) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-105 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . RES. 88-106 - 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 1-215 FREEWAY RAMPS. (27) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-106 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (163 E. 9th St., 939 N. "D" St., 635 N. "F" St., 1598 N. Mt. Ver- non, 2492 San Carlo Ave.) (28) . Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. 41 4/4/88 . Resolution No. 88-107 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-108 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE GRANTING OF A GRANT OF EASE- MENT BY THE CITY OF SAN BERNARDINO TO THE CALNEV PIPE LINE COMPANY. (29) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-108 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the ordinances on the agenda. . Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the ordinances be waived. ORD. MC-622 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTIONS 15.04.020, 15.04.080, 15.04.082, 15,04.085, 15.04.100, 15.04.120, 15.04.140, 15.04.150,15.04.167, 15.04.170, 15.04.175, 15.04.177, AND 15.04.190 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1985 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1985 EDITION, UNIFORM HOUSING CODE, 1985 EDITION, UNIFORM SIGN CODE, 1985 EDITION, UNIFORM ADMINISTRATIVE CODE, 1985 EDITION, UNIFORM SECURITY CODE, 1985 EDITION, UNIFORM MECHANICAL CODE, 1985 EDITION, UNIFORM PLUMB- ING CODE, 1985 EDITION, UNIFORM SWIMMING POOL CODE, 1985 EDITION, NATIONAL ELECTRICAL CODE 1987 EDITION, STRUCTURAL WELDING CODE, 1986 EDITION, AND DECLARING THE URGENCY THEREOF. (30) . In a letter dated March 23, 1988, former City Attor- ney Ralph Prince stated that City Attorney James Penman was incorrect in his legal opinion concerning allegations that the City administration lost $300,000 by not collect- ing a 50% increase in building permit fees that took effect automatically as of 1st July 1987, under state law. 42 4/4/88 . In a second letter dated March 23, 1988, former City Attorney Ralph Prince stated that the alleged loss of $300,000 in building permit fees can be attributed to the failure of City Attorney Penman to advise the City Council in August, 1987, that the State Building Standards Com- mission had adopted standards, not the building permit fees as set forth in the Uniform Building Code. He also requested that this subject be on the April 4, 1988, agenda of the Mayor and Common Council of the City of San Bernardino. James Penman, City Attorney, rebutted the claims made in former City Attorney Ralph prince's letters. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be adopted as an urgency measure. Ordinance No. MC-622 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE, REGULATING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT. (31) The Mayor and Common Council discussed the provisions in the ordinance which allow the Mayor and City Admini- strator to designate smoking areas. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING At 4:00 p.m., Mayor Wilcox called for a five minute recess of the meeting. RECONVENE MEETING At 4:10 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, 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 Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. 43 4/4/88 . REPORT - DISPOSITION OF CASES FILED AGAINST THE CITY - CONTINUED FROM FEBRUARY 15, 1988 This is the time and place continued to for a report requested by Council Member Estrada concerning the dis- position of cases filed against the City. (32) In a memorandum dated March 28, 1988, John Kirwan, the newly appointed Director of Risk Management, requested a continuance of the report in order for his personal review. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the report relative to the disposition of cases filed against the City be continued to a luncheon workshop on June 6, 1988, in order to provide sufficient review by John C. Kirwan, newly appointed Director of Risk Management. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. . LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - MARCH 17, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Legislative Review Committee, provided a report on the meeting of the Legislative Review Committee held March 17, 1988, at which time the following item was discussed: (35) 1. Review of Hazardous Waste Management Plan - The Committee held a special meeting to review the county's draft plan. Considerable review and discussion took place with several recommendations (attached) for changes pro- posed. The Committee recommended that due to time constraints, a Request For Council Action be submitted to the Council on their March 21, meeting recommending that staff's proposal be forwarded to the County of San Bernardino for their action. Once the recommendations are incorporated into the county plan, the City will, by resolution, approve the plan. The Commi ttee further recommended that the City of San Bernardino establish and adopt, as soon as possible, through the Legislative Review process, a hazardous waste management plan of their own for implementation by city departments. . Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Legislative Review Committee meeting of March 17, 1988, be received and filed. 44 4/4/88 . LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - MARCH 24, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Legislative Review Committee, provided a report of the meeting of the Legislative Review Committee held March 24, 1988, at which time the following items were discussed: (36) 1. Ordinance to Set Our Conditions and Pro- cedures for Permitting Recycling Facilities and to Establish Convenience Zones - The Coiiiini ttee recommended-approvalof-the reso- lution after some minor changes. The Com- mittee requested an annual review of the resolution. 2. Ordinance Regulati~mokin~in Public Places and Places of E~2Yment - The Com- mittee recommended the following changes: Page 3, Item G, Line 24 - Delete "social". Page 5, Item N - To read "ENCLOSED ATHLETIC RECREATION AREAS" means gymnasiums, health spas, swimming pools, roller and ice rinks. . Page 6, Item A, Lines 6 - 7 - "is regularly conducted." Page 6, Item C - Lines 15 - 16 - Smoking is prohibited in all areas of the City Hall except those areas designated by the Mayor, Common Council and/or the City Administrator. Page 8, athletic (9), Line arena,...1I 12 - To read "enclosed 3. San Bernardino C~s Hazardous Waste Man~gement~~~ - the Committee recommended that the City Administrator be directed to coordinate a comprehensive internal policy that would include designated areas for tem- porary storage and handling, education and training, assignment of EPA numbers methods of review, department roles (Planning, Public Works, Water, etc.). A written report will be provided at next meeting. . Council Member Minor made a motion, seconded by Coun- cil Member Pope-Ludlam and unanimously carried, that the minutes of the Legislative Review Committee meeting held March 24, 1988, be received and filed. 45 4/4/88 . WAYS & MEANS COMMITTEE MEETING MINUTES - MARCH 28, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairperson of the Ways & Means Committee, provided a report of the meeting of the Ways & Means Committee held March 28, 1988, at which time the following items were discussed: (38) . 1. s::.~ital Improvement Program - General Obligation Bonds - Item continued. Council- woman Estrada reported that preliminary in- formation regarding state bond issues was not encouraging. The County advises that there is still no determination on whether or not Measure A will go on the ballot for the en- tire County. The Committee requested clari- fication regarding a proposed sports complex that is included in the Capital Improvement Plan. Mr. Hardgrave will provide a report (three-way list) which identifies projects under General Obligation Bonds, Redevelopment Agency and the Capital Improvement Plan. The report will allow assignment of priorities. The Committee received a long term debt report from the City Treasurer. In order to make a determination on whether to recommend a General Bond action on the November, 1988, ballot, the Committee requested that the Deputy City Administrator for Administration, in concert with the City Treasurer, put to- gether a plan of action for the April 25th Ways & Means Committee. 2. s::.it~~wned Leased Property Report - Item continued. Because several questions were posed and answers were not available, the Committee requested a cleanup report. Mr. Overstreet, Public Buildings Director, pre- sented a City Property Records STP (2-4-84) to the Committee which designates depart- mental responsibilities (attached). 3. Home of NeighborlY~ervices Agreement - Lease of Classrooms for Day care Center Use - The Committee recommended the sale of class- rooms to the Home of Neighborly Services. Based on information presented the cost is to be a a total of $900. This item was recom- mended for public hearing on the April 18th Council Agenda. . 46 4/4/88 . 4a. Public Utilities Baseline Rates - The Committee received and filed a report and presentation by Mr. Jim King from Southern California Gas. The Committee tabled this item. 4b. !:ubli~tili!ie~-B.at~~ha~ - Item continued. 5. .!3.equest for Funds - Hispanic Chamber of Commerce - The Committee recommended support or-t~:S30,000 request for cultural events requested by the Hispanic Chamber of Commerce President. Councilwoman Estrada will send a letter of support to the Cultural Affairs Commission and request their reply in time to be placed on the April 18th Agenda. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways and Means Committee meeting held March 28, 1988, be received and filed. . SEWER SYSTEM - REQUEST FOR PROPERTY OUTSIDE CITY TO CONNECT - 25492 SAN BERNARDINO AVENUE - A. CAROL LACKYARD In a memorandum dated March 14, 1988, Bernard Kersey, Water Department Director of Administration & Finance, stated that A. Carol Lackyard has requested to connect her property located at 25492 San Bernardino Avenue, which consists of two low income rental houses, to the City's sewer system. The septic tank on the property is failing, and the lot is not large enough to replace the deterior- ated septic system and leach lines. (39) He further stated that the problem was verified with a County inspector, who advised that if the property is not connected to the City's sewer system, the units would have to be vacated for health and safety concerns. Based upon these findings, the Board of Water Commissioners has unanimously recommended to approve the request for con- nection to the City's sewer system. Phil Arvizo, Executive Assistant to the Council, reported that according to the Board of Water Commission- ers, there had been five to six past occasions wherein the City granted sewer connections to residences outside the City limits. . Bernard Kersey, Water Department, answered questions regarding the two rental units on the subject property, and there not being enough area for leach lines for the installation of a new septic tank. 47 4/4/88 . It was pointed out that the Common Council had adopted a policy of not allowing outside sewer connections due to the capacity of the sewage treatment plant and to encourage annexation into the City. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the request from A. Carol Lackyard to connect property located at 25492 San Bernardino Avenue to the City of San Bernar- dino sewer system, based upon health and safety due to a failed septic system, be denied. RECESS MEETING - CLOSED SESSION Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council hear Agenda Item #46, a Closed Session to consider personnel matters regarding the San Bernardino Police Department's investigation of a document pursuant to Government Code Section 54957, out of numerical sequence. (46 ) . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: None. ALLEGED CONFLICT OF INTEREST - COUNCIL MEMBER POPE-LUDLAM - POLICE DEPARTMENT James Penman, City Attorney, advised Council Pope-Ludlam to abstain from acting on Item 46 due fact that she has an on-going court case with Bernardino Police Department. Member to the the San (46 ) Council Member Pope-Ludlam responded to City Attorney Penman's request, stating that he had not cautioned her to abstain whenever making affirmative votes for the Police Department, and used the example of approving the Police Department's vehicle purchase. City Attorney Penman answered questions of the Coun- cil regarding subpoena powers under the Charter, and the time frames for complying with subpoenas. He also answered questions concerning his power as City Attorney to comply with requests from individual Council Members or the Mayor. . Council Member Maudsley requested the public record reflect that he disagreed with the administrative action taken by the City Attorney in preparation for the issuance of subpoenas pursuant to a request from another Council 48 4/4/88 . Member, and recommended that the Attorney General's Office of California act as the investigating authority in this matter. City Attorney Penman stated that holding the hearing will not affect this case in the event of prosecution. He also spoke regarding the rumors that a document was prepared by an unknown person, granting the Police Department the assets of a drug dealer under the Asset Forfeiture Law. He stated that the Attorney General's Office is not going to investigate this matter based upon rumors and recommended that it is worthwhile for the Coun- cil to sit down with the principals and take their testi- mony. It was reported that the Internal Affairs Department of the Police Department is investigating this matter, and Council discussed whether to go forward or wait for the result of the Police Department investigation. Mayor Wilcox requested that the Internal Affairs report be completed prior to a Council investigation. . Council Member Estrada made a motion, seconded by Council Member Miller, that the City Attorney be directed to prepare, and the Mayor to sign, subpoenas for the fol- lowing persons to appear at a Closed Session of the Mayor and Common Council to be held in the Management Informa- tion Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California: Judge Michael Smith, Judge Craig Kamanski, Assistant District Attorney Betty Kennedy-Haight, Deputy District Attorney John Gibson, Deputy District Attorney Karen Jar- vis, San Bernardino Police Sergeant David Suttle, Person- nel Director Gordon Johnson, Risk Management Director John Kirwan and City Administrator Ray Schweitzer. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absen t: None. . Council Member Estrada made a motion, seconded by Council Member Miller, that the closed session concerning personnel matters regarding a document by the Police Department concerning the assets of a drug dealer be held at 4:00 p.m., Thursday, April 5,1988, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (See Page 59 ) 49 4/4/88 . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: None. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. APPEAL - AWARDING OF CONTRACT FOR WEED ABATEMENT - A. C. ENTERPRISES - STAN DOMINQUEZ In a letter dated March 23, 1988, Stan Dominquez of A. C. Enterprises appealed the awarding of the City's weed abatement contract to Ed Martin's Discing. (S-l) Stan Dominquez, A. C. Enterprises, explained why he felt he should have received the weed abatement contract based upon the bid structure. He compared the City's bid process with the County's and to other cities. He answered questions, and stated he is not doing weed abatement work in other cities at this time. . Manuel Moreno, Jr., Director of Public Services, explained that 18 months ago, Marshall Julian, former City Administrator, was hired to refine the administrative process for weed abatement, and talked about the many improvements that had been made. Mr. Moreno supported the bidder that was recommended to the Council, which is Ed Martin's Discing. Council Member Minor made a motion, seconded by Coun- cil Member Reilly, that the appeal filed by Stan Dominquez of A. C. Enterprises relative to the award of a contract for weed abatement work, be denied. The motion Council Members Ludlam. Noes: Member Miller. carried by the following vote: Ayes: Reilly, Flores, Maudsley, Minor, Pope- Council Member Estrada. Absent: Council RES. 88-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ED MARTIN'S DISCING FOR THE FURNISHING AND DELIVERING OF WEED ABATEMENT WORK IN ACCORDANCE WITH SPECI- FICATION F-89-09. (S-2) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. . 50 4/4/88 . Resolution No. 88-109 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes~ Council Member Estrada. Ab- sent: Council Member Miller. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. CAPITAL IMPROVEMENT PROGRAM - PRESENTATION AND DISCUSSION - CONTINUED FROM MARCH 21, 1988 This is the time and place continued to for a pre- sentation and discussion concerning the Capital Improve- ment Program. (33) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the pre- sentation and discussion regarding the Capital Improvement Program be continued to the Regular Meeting of the Mayor and Common Council to be held Monday, April 18, 1988, in the Council Chambers, 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 - CLOSED SESSION At 5:35 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to Closed Session to confer with its attorney regarding pending litigation pursuant to the following Government Code Sections: 54956.9 (b) (1), as there is significant exposure to Ii tigation; (47) 54956.9(c), so that Council may decide whether to initiate litigation; (48) 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: (49 & S-7) City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case; No. 236836; . Cable Lakes Associates vs. City of San Bernardino - San Bernardino Superior Court Case No. 238714 and Case No. 239649; 51 4/4/88 . ~ity of San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 239193. J. C. GOlfing vs. City of San Bernardino - San Ber- nardino Superior Court Case No. 230084; ~eTinne~~~~~of San Bernardino - San Bernardino Superior Court Case No. 214093; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 222068; Malleck vs. Cit~f San Bernardino, U. S. District Court Case #87-1615-AWT(BX). CLOSED SESSION At 5:35 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 by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Administrator Robbins. Absent: City Clerk Clark. Also present were: Assistant City Attorney Brue, Deputy City Attorney McQueen. CITY CLERK CLARK ARRIVED At 6:10 p.m., City Clerk Clark arrived in the Closed Session. ADJOURN CLOSED SESSION At 6:45 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 6:45 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: None. 52 4/4/88 . SHADOW HILLS DEVELOPMENT PROJECT - PINE AND KENDALL DRIVES Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the City Attorney be directed to proceed with the appeal on the Shadow Hills project at pine and Kendall. (48) VERDEMONT VILLAS DEVELOPMENT PROJECT - PALM, NORTH OF KENDALL DRIVE Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the per- mits issued for the Verdemont Villas project be suspended. (48 ) SETTING TIME FOR CLOSED SESSION - DISCUSSION REGARDING SIGNIFICANT EXPOSURE TO LITIGATION AND PERSONNEL - POLICE DEPARTMENT Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that a Closed Session be set for 4:00 p.m., Tuesday, AprilS, 1988, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia to discuss significant exposure to litigation, personnel matters and the Police Department. (47) . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.80 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR NOTICE TO THE MAYOR PRO TEMPORE OF THE ABSENCE OF THE MAYOR. (First) (S-5) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the ordinance providing notice to the Mayor Pro Tempore of the absence of the Mayor be referred to the Legislative Review Committee. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.90 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR NOTICE TO THE MAYOR OF THE ABSENCE OF A COUNCIL MEMBER. (S-6) (First) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the ordinance providing for notice to the Mayor regarding the absence of a Council member be referred to the Legis- lative Review Committee. . 53 4/4/88 . COUNCIL CODE REVIEW AD HOC COMMITTEE MEETING MINUTES - MARCH 25, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Council Code Review Ad Hoc Committee, provided a report of the meeting of the Council Code Review Ad Hoc Committee held March 25, 1988, at which time the following items were discussed: (S-8 ) 1. Incentive Program - The Committee re- ceived an Incentive Program for the Building Department (attached) and after considerable discussion referred it to the Board of Build- ing Commissioners for their perusal. The Committee asked that a best and worst case scenario regarding the cost to the City be presented by the department. Coordination regarding the merit system recommended was also requested prior to returning this item to the Committee. 2. Ordinance No. MC-606 - The Committee referred the recommended amendment to the Board of Building Commissioners for their review and recommendation back to the Com- mittee. . 3. (Handout) Roof Coverings, High Wind Areas and Fire Zones - The attached handout is now in effect and being distributed at the counter, Building and Safety Department (attached) . Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the minutes of the Council Code Review Ad Hoc Committee meet- ing held March 25, 1988, be received and filed. RELATIONS BETWEEN EXECUTIVE/LEGISLATIVE CITY GOVERNMENT BRANCHES In a memorandum dated March 30, 1988, Council Member Estrada recommended that a one-day retreat be held by the Mayor and Common Council to discuss the relationship be- tween the Executive and Legislative branches of City government. (S-4) The Mayor and Common Council discussed holding a retreat for improvement of relations between the two. It was pointed out that the Management Retreat was scheduled for May 25, 26 and 27, 1988, and recommended that the Mayor and Common Council retreat be held first. . 54 4/4/88 . It was agreed that Executive Assistant to the Mayor Bennecke and Executive Assistant to the Council Arvizo would get together to determine an appropriate time and place for the Mayor and Council retreat. No formal action was taken. RECESS MEET ING At 7:07 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to 11:30 a.m., Tuesday, April 5, 1988, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernar- dino, California. (50) RECONVENE MEETING At 11:50 a.m., Tuesday, April 5, 1988, Mayor wilcox called the meeting to order in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney McQueen, City Clerk Clark, City Admini- strator Schweitzer. Absent: Council Member Pope-Ludlam. PUBLIC COMMENTS There were no general comments by the public. (A) LIBRARY BOARD - AUTHORIZATION TO APPLY FOR CALIFORNIA LITERACY CAMPAIGN GRANT - MICRO-READ ADULT LITERACY PROJECT In a memorandum dated March 21, 1988, Steve Whitney, City Librarian, described the California Literacy Campaign program, which is funded through the California State Library and provides long-term support for adult literacy projects sponsored by public libraries. The San Bernar- dino Public Library has begun a Micro-Read Adult Literacy Project to teach adults to read using computer-assisted instructional courseware developed by the Institute for the Study of Adult Literacy at Pennsylvania State Univer- sity. (1) Steve Whitney, City Librarian, answered questions regarding the computers received this fiscal year, and any additional computers that might be needed for the grant. . Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Library Board of Trustees be authorized to make appli- 55 4/5/88 . cation for and accept a grant through the California Literacy Campaign in the amount of $75,000 to continue the Library's Micro-Read adult literacy project for the period July 1, 1988, through June 30, 1989. DELMANN HEIGHTS - CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN This is the time and place set for discussion con- cerning crime prevention through environmental design in the Delmann Heights area of the city. (2) Bruce Ramm of Security Design Concepts gave his back- ground and presented a report entitled, "Delmann Heights Environmental Design". The Delmann Heights neighborhood was selected as a target area for the Community Crime Resistance Grant based upon historical and existing crime problems. One of the components of this grant involves the implementation of a Neighborhood Watch Program. Security Design Concepts was contracted to address the Neighborhood Watch component from a Crime Prevention Through Environmental Design approach. The elements of this approach are: . 1. Access Control - utilizing security hardware and barriers to the movement of people and/or vehicles; 2. Surveillance - creating visibility, thereby in- the opportunity to observe or discourage creasing intruders; 3. Activity Support creating situations for people to interact in a that discourages criminal opportunity; conditions and friendly manner 4. Motivation Reinforcement - enacting positive attitudes about living and working environments. Mr. Ramm talked about abandoned utility easements that have created a "no man's land" behind several pro- perties. He also stated that there are thirteen access points to Delmann Heights and with the expected freeway improvements, this would be reduced to twelve. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 12:10 p.m., Council Member Pope-Ludlam arrived and took her place at the meeting table. . Mr. Ramm explained the concept of territoriality and the problem of fortressing within the neighborhood. He also addressed the issue of pedestrian circulation and the Delmann Heights Community Center where there is signi- ficant crime and a lot of time is spent "hanging out". 56 4/5/88 . He further stated that he turnover rate at California Elementary School is 60% per year, and answered questions regarding the ethnicity of the area studied. A history of the bridge that is proposed by Caltrans for the extension of the freeway was given by Mr. Ramm, who stated that the neighborhood is willing to forego the bridge for reduction of crime. He presented improvement strategies pertaining to: vehicle circulation, the utility easement, neighborhood improvements such as a monument sign at the entry points, development of vacant lots, enhanced code enforcement, neighborhood rehabili- tation, and impounding of abandoned vehicles. Mr. Ramm talked about "white collar" crime in the neighborhood and supported the concept previously set forth by Ken Henderson, Director of Community Development, for a City program to buy and rehabilitate boarded-up houses for sale to low-income first-time homebuyers. The Council discussed the report and the issue of neighborhood support for the elimination of the bridge. It was agreed that a meeting should be held in Delmann Heights to discuss the proposed strategies with the neighborhood. . No formal action was taken. RECESS MEETING - BUS TOUR At 1:03 p.m., the meeting recessed in order for the Mayor, Common Council, Planning Commission and staff to go on a bus tour of the City. (3) RECONVENE MEETING - BUS TOUR At 1:03 p.m., the meeting reconvened in the parking lot of Court Street, between "E" and "D" Streets, San Bernardino, California. ROLL CALL Roll was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Martinez. Absent: Mayor Wilcox, City Administrator Schweitzer. . JOINT MAYOR, COMMON COUNCIL AND PLANNING COMMISSION BUS TOUR OF THE CITY OF SAN BERNARDINO - GENERAL PLAN Ann Siracusa, Director of Planning, stated that the purpose of the bus tour is to give the Mayor, Council Members and Planning Commissioners an overview of the city and show some of the problem areas where they have either 57 4/5 /88 . had or expect to have controversy from the public, and indicate the proposed designations that came out of the Citizens Advisory Committee. Ann Siracusa also stated that some examples of com- mercial square footages in residential densities would be shown so that when staff presents the proposals and starts using densities in poor area ratios, the Council will have an idea of what they actually look like. Steve Svete, of Envicom Corporation, gave a brief description of the land use categories, their densities and a description of functional land use types for each category. Vince Bautista, Principal Planner for the Planning Department, pointed out different land uses and designa- tions that the Citizens Advisory Committee recommended. Ann Siracusa, Planning Director, requested that the Council revise the proposed hearing schedule for the land use alternative plan, stating that an additional week was needed for more meetings. . Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, to ratify the schedule that was previously set, and revise the schedule of up-coming Council meetings as follows: Mayor/Common Council Schedule for Alternatives (Tentative) Fri. 4/22/88 9 a.m. - Noon Presentation of Alternatives Mon. 4/25/88 9 a.m. - Noon Public Hearing Tues. 4/26/88 5 p.m. - 9 p.m. Public Hearing Wed. 5/4/88 9 a.m. - Noon Deliberations Fri. 5/6/88 9 a.m. - Noon Deliberations Thurs. 5/12/88 5 p.m. - 9 p.m. Deliberations . RECESS MEETING At 3:45 p.m., Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be recessed until 4:00 p.m.,in the Management Information Center (MIC Room), 300 N. "D" Street, San Bernardino, California. 58 4/5/88 . RECONVENE MEETING At 4:05 p.m., Mayor wilcox called the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Management Infor- mation Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark. Absent: City Attorney Penman, City Administrator Schweitzer. RECESS MEETING - MOVE TO COUNCIL CHAMBERS At 4:06 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. . RECONVENE MEETING At 4:10 p.m., Mayor Wilcox Regular Meeting of the Mayor and City of San Bernardino to order in City Hall, 300 North "0" Street, fornia. called the Adjourned Common Council of the the Council Chambers of San Bernardino, Cali- ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk. Absent: City Administrator Schweitzer. RECESS MEETING - CLOSED SESSION At 4:11 p.m., the Adjourned Regular Meeting recessed to Closed Session pursuant to Government Code Sections 54957 to consider personnel matters and 54956.9(b) as there is significant exposure to litigation. (46 & 47) CLOSED SESSION At 4:11 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. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: None. 59 4/5/88 . Also present was Debbie Bellanca, court reporter. CITY CLERK CLARK AND DEPUTY CITY ADMINISTRATOR ROBB I NS EXCUSED At 4:20 p.m., City Clerk Clark and Deputy City Ad- ministrator Robbins were excused from the Closed Session. CITY CLERK CLARK AND ASSISTANT DISTRICT ATTORNEY KENNEDY-HAIGHT ARRIVED At 4:25 p.m., City Clerk Clark and Assistant District Attorney Betty Kennedy-Haight arrived in the Closed Ses- sion. CITY CLERK CLARK EXCUSED At 4:26 p.m., City Clerk Clark left the Closed Ses- sian. ASSISTANT DISTRICT ATTORNEY KENNEDY-HAIGHT EXCUSED At 5:00 p.m., Assistant District Attorney Betty Kennedy-Haight was left the Closed Session. . CITY CLERK CLARK AND DEPUTY DISTRICT ATTORNEY GIBSON ARRIVED At 5:05 p.m., City Clerk Clark and Deputy District Attorney John Gibson arrived in the Closed Session. CITY CLERK CLARK EXCUSED At 5:06 p.m., City Clerk Clark left the Closed Ses- sion. DEPUTY DISTRICT ATTORNEY GIBSON EXCUSED At 5:50 p.m., Deputy District Attorney John Gibson left the Closed Session. CITY CLERK CLARK AND SUPERIOR COURT JUDGE SMITH ARRIVED At 6:00 p.m., City Clerk Clark and Superior Court Judge Michael Smith arrived at the Closed Session. CITY CLERK CLARK EXCUSED At 6:01 p.m., City Clerk Clark left the Closed Ses- sion. SUPERIOR COURT JUDGE SMITH EXCUSED At 6:22 p.m., Superior Court Judge Michael Smith left the Closed Session. . 60 4/5 /88 . RECESS CLOSED SESSION At 6: 22 p.m., the Closed Session recessed to the Adjourned Regular Session of the Mayor and Common Council in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6: 30 p.m., Mayor Wilcox called the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Management Infor- mation Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: None. . RECESS MEETING - CLOSED SESSION At 6:30 p.m., the Adjourned Regular Meeting recesses to Closed Session pursuant to Government Code Sections 54957 to consider personnel matters and 54956.9(b) (1) as there is significant exposure to litigation. (46 & 47) CLOSED SESSION At 6:30 p.m., the Closed Session was called to order in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark. Absent: City Administrator Schweitzer. Also present was Deputy District Attorney Karen Jarvis and Court Reporter Debbie Bellanca. CITY CLERK CLARK EXCUSED At 6:33 p.m., City Clerk Clark left the Closed Ses- sian. . DEPUTY DISTRICT ATTORNEY JARVIS AND COURT REPORTER BELLANCA EXCUSED At 7:15 p.m., Deputy District Attorney Karen Jarvis and Court Reporter Debbie Bellanca left the Closed Ses- sion. 61 4/5/88 . DEPUTY CITY ATTORNEY MC QUEEN ARRIVED At 7:28 p.m., Deputy City Attorney Loren McQueen arrived at the Closed Session. ASSISTANT CITY ATTORNEY BRUE, DEPUTY CITY ATTORNEYS WILSON AND GRACE ARRIVED At 7:37 p.m., Assistant City Attorney Denise Brue and Deputy City Attorneys John Wilson and Cynthia Grace arrived at the Closed Session. DIRECTOR OF RISK MANAGEMENT KIRWAN ARRIVED At 7:40 p.m., Director of Risk Management John Kirwan arrived at the Closed Session. ASSISTANT CITY ATTORNEY BRUE EXCUSED At 7:55 p.m., Assistant City Attorney Denise Brue left the Closed Session. DIRECTOR OF RISK MANAGEMENT KIRWAN EXCUSED At 8:20 p.m., Director of Risk Management Kirwan left the Closed Session. . DIRECTOR OF PERSONNEL JOHNSON ARRIVED At 8:20 p.m., Director of Personnel Gordon Johnson arrived at the Closed Session. DIRECTOR OF PERSONNEL JOHNSON EXCUSED At 8:30 p.m., Director of Personnel Gordon Johnson left the Closed Session. CITY ADMINISTRATOR SCHWEITZER ARRIVED At 8:30 p.m., City Clerk Clark and City Administrator Ray Schweitzer arrived at the Closed Session. CITY ADMINISTRATOR SCHWEITZER EXCUSED At 8:37 p.m., City Administrator Ray Schweitzer left the Closed Session. DEPUTY CITY ATTORNEYS MC QUEEN, WILSON AND GRACE EXCUSED At 9:05 p.m., Deputy City Attorneys Loren McQueen, John Wilson and Cynthia Grace left the Closed Session. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED At 9:54 p.m., Council Member Estrada and Pope-Ludlam left the Closed Session. . ADJOURN CLOSED SESSION At 9:55 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. 62 4/5/88 . RECONVENE MEETING At 9:55 p.m., Mayor wilcox called the Adjourned Regu- lar Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Management Information Center (MIC Room), Sixth Floor, 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 Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark. Absent: Council Members Estrada and Pope-Ludlam; City Administrator Schweitzer. ADJOURN MEETING At 9:56 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting adjourn to 6:00 p.m., Thursday, April 7, 1988, at Shandin Hills Golf Club. ~h:&?.-:4/~ ./ City Clerk . No. of items: 67 No. of hours: 19 . 63 4/5/88