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HomeMy WebLinkAbout05-16-1988 Minutes . . . ,- City of San Bernardino, California May 16, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:04 a.m., Monday, May 16, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Father Peter Covas of Our Lady of the Rosary Cathedral. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem- pore Flores. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam; City Attorney Penman. PRESENTATION OF SERVICE PIN AWARDS Richard Bennecke, Executive Assistant to the Mayor, awarded service pins to the following employees: (A) 5 Year Pins Ricky Winn* Dan Raney David Dillon Paul pancucci* David Rosas* Thomas Odell* Fire Department Fire Department Police Department Police Department Police Department Public Buildings 10 Year pins Jane Sneddon* Michael Billdt* William Flesher Robert Gibson* Michael Gile* Rita Kent City Clerk Police Department Police Department Police Department Police Department Fire Department 15 Year pins Vern Devore* Millie Mounger Dennis Evans James Goddard David Parke* William Graves* Fire Department Public Buildings Police Department Police Department Fire Department Public Buildings 1 5/16/88 . 20 Year pins Isabelle Aiello* Daniel Malone* Leroy Young* Arthur Gonzales Building and Safety Police Department Public Buildings Public Serv./Streets * I nd ica tes employees presen t to accept presenta- tion. PROCLAMATION - OMNITRANS NATIONAL BUS DRIVER APPRECIATION DAY - MAY 18, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming May 18, 1988, as Omnitrans National Bus Driver Appreciation Day, in recognition of the ser- vices provided by the Omnitrans coach drivers. (A) Robert Chafin, Manager of Omnitrans, was present to accept the proclamation. . PROCLAMATION - SINFONIA MEXICANA DAY - JUNE 4, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming June 4, 1988, as Sinfonia Mexicana Day, urging the citizens of San Bernardino to enjoy the cultural music of Mexico at the California Theatre of Performing Arts. (A) Charles Eisenhard, Chairman of Sinfonia Mexicana, was present to accept the proclamation. PRESENTATION - SISTER CITY DELEGATION - TACHIKAWA, JAPAN Thelma Press, Director of Cultural and International Affairs, introduced visiting delegates from San Bernar- dino's Sister City of Tachikawa, Japan, which is cele- brating its 30-year anniversary as our sister city. (A) Dr. Nagai of Tachikawa, Japan, was present to thank the City of San Bernardino for its hospitality on behalf of the delegates, and provided the Mayor and Common Coun- cil with tokens of appreciation. Mayor wilcox read a letter from the Mayor of Tachi- kawa, Japan. . 2 5/16/88 . BRIEF COMMENTS - THE SWORD Wilma Morgan, 355 Stoddard, San Bernardino, she would give her five-minute time allotment for public comments to the Sword. stated making John Hart, a resident living between Ninth Street and Baseline Avenue, spoke regarding provisions of the First Amendment to the Constitution regarding freedom of speech and stated he would give his five-minute time allotment for making public comments to the Sword. Mayor Wilcox stated that the purpose of this portion of the meeti ng of the Mayor and Common Counc i 1 of the City of San Bernardino is to provide the public an oppor- tunity to speak briefly concerning items not listed on the agenda. A citizen identifying himself as the Sword, Commander-in-Chief of the House of Ying, spoke regarding charges of harassment against the homeless and requested the resignation of Acting City Administrator Robbins because he has not provided the Sword with information regarding all persons having licensed dogs in the City. . COUNCIL At 9:40 the Counc i 1 Table. MEMBER POPE-LUDLAM ARRIVED a.m., Council Member Pope-Ludlam arrived at Meeting and took her place at the Council APPROVAL OF MINUTES - APRIL 25, 1988 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 25th of April, 1988, be approved as submitted in typewritten form. (la) APPROVAL OF MINUTES - APRIL 28, 1988 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 28th of April, 1988, be approved as submitted in typewritten form. (lb) . APPROVAL OF MINUTES - MAY 2, 1988 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 2nd of May, 1988, be approved as submitted in typewritten form. (lc) 3 5/16/88 . SET HEARING - JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT - CITY OF COLTON - DRAINAGE PROBLEMS In a memorandum dated May 6, 1988, James Robbins, Acting City Administrator, requested that a hearing be scheduled to approve a Joint Community Facilities Agree- ment with the City of Colton regarding the alleviation of drainage problems in the northwest area of the City of Colton. (2) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that a hearing be scheduled for 9:30 a.m., June 6, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for the purpose of adopting a resolution authorizing the execution of a Joint Community Facilities District agreement with the City of Colton in order to alleviate drainage problems in the northwest area of the City of Colton. . CHANGE ORDER NO 1. - CONTRACT - KELLY DEMOLITION - GOODWILL INDUSTRIES' MAIN PARKING LOT In a memorandum dated May 4,1988, Ken Henderson, Director of Communi ty Development, stated that the original bid received from Kelly Demolition included the demolition and clearance of one of the two parking lots for Goodwill Industries located at 899 W. Third Street. (3 ) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. One to the contract with Kelly Demoli- tion to clear and rough grade the Goodwill Industries main parking lot located just south of the alley behind the Goodwill building, north of Main Street, east of "I" Street, and west of the San Bernardino County Flood Con- trol Channel, in the amount of $3,000, be approved. APPROVAL OF SECTION 213 LETTER - SAN BERNARDINO COUNTY HOUSING AUTHORITY - ALLOCATION OF SECTION 8 CERTIFICATES I n a memor andum dated May 3, 1988, Ken Henderson, Director of Community Development, stated that under Section 8 of the existing housing and housing voucher program, HUD has made a prel iminary commi tment to the Housing Authority to allocate approximately 275 addi- tional vouchers to assist very low income families and senior citizens to secure affordable rental housing. (4 ) . 4 5/16/88 . He further explained that additional certificates would alleviate a portion of the Housing Authority wait- ing list of approximately 8,000 applicants on a county- wide basis. Section 213 of the Housing and Community Development Act and subsequent regulations require that the Housing Authority gain approval of cities prior to submitting application to HUD for the allocation of vouchers. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor be authorized to send a letter to the San Bernar- dino Housing Authority approving allocation of additional Section 8 Certificates to the Housing Authority on behalf of the City of San Bernardino. . SUMMER LUNCH PROGRAM - AUTHORIZATION TO HIRE SIX PART-TIME SUMMER LUNCH MONITORS In a memorandum dated April 26, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, explained that the Summer Lunch Program provides nutri- tional help to children who would otherwise be deprived of food assistance received during other times of the year under the National School Lunch Program. The salaries for the six monitors who will affect daily pro- gram checks at summer lunch sites are reimbursed to the City from the administrative cost of the Summer Lunch Program. (5) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to hire six Summer Lunch Monitors on a part- time basis for a 47-day period during the months of June, July and August, 1988. SUMMER LUNCH PROGRAM - AUTHORIZATION FOR APPLICATION TO UNITED STATES DEPARTMENT OF AGRICULTURE In a memorandum dated April 26, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, requested authorization to apply to the United States Department of Agriculture for the federally funded Summer Lunch Program. (6) . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to submit an application to the United States Department of Agr icul ture for a Summer Food Program for children. 5 5/16/88 . CENTER FOR INDIVIDUALS WITH DISABILITIES - BID REPORT - HORSESHOE PITCHING PIT - STORAGE BUILDING In a memorandum dated May 5, 1988, Roger Hardgrave, City Engineer, stated that upon readvertising for bids for the construction of a horseshoe pitching pit and a storage building for the Center for Individuals with Disabilities, two bids, which were over the allocated amount of funds available for the improvements, were received. In his opinion, a competitive bid cannot be obtained for this project due to its size and the nature of the work. (7) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the bids for construction of a horseshoe pitching pit and storage building at the Center for Individuals with Disabilities, in accordance with Plan No. 7279, be rejected. . WIDENING OF GRADE CROSSING 2U-4.2 - TIPPECANOE AVENUE - FINDING OF NEED FOR HEALTH AND SAFETY - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated April 21, 1988, Roger Hard- grave, City Engineer, stated that there are currently two traffic lanes across Grade Crossing 2U-4.2 on Tippecanoe Avenue, while most of Tippecanoe Avenue provides four traffic lanes. Vehicles must negotiate a transition at the crossing, which also requires additional crossing protection. (8) Council Member Minor made a motion, seconded by Council member Flores and unanimously carried, that a finding be made that the widening of Grade Crossing No. 2U-4.2 is needed for health and safety reasons; that Plan No. 7492 for widening the crossing be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Flores 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: (9) 1. Approve the register of demand dated: April 27, 1988 May 5, 1988 87/88 87/88 #40 #41 $1,729,779.21 547,242.50 . 6 5/16/88 . 2. Approve the total gross payroll for the period April 11,1988, through April 24, 1988, in the amount of $1,393,507.30. PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Flores 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 and ratified as follows: (10) APPOINTMENTS Police Department Michael P. Fox - Dispatcher I - Effective May 17, 1988 Building & Safety Evelyn L. Gonzales - Typist Clerk II - Effective May 17, 1988 . Public Works/Public Buildings Federico Herrera - Electrician II - Effective May 17, 1988 Parks, Recreation & Community Services Catherine Johnson - Account Clerk I - Effective May 17, 1988 Fire Department Firefighter - Effective June 27, 1988 Donald R. Benfield Curtis E. Janeway Edward F. Martinez Matthew P. Topoleski Michael J. Clark Deborah L. Leonard Steve L. Teal Civil Service Terri Carrillo - Secretary - Effective May 17, 1988 Finance Department Roger Cloud - Senior Accountant - Effective June 6,1988 . 7 5/16/88 . PROMOTION/TRANSFER Building & Safety Dany R. Nolfo - From Maintenance Worker II to Code Compliance Officer - Effective May 17, 1988 APPOINTMENT/TEMPORARY Public Services/Street James E. Roquemore - Extra Relief Heavy Laborer - Effective May 17, 1988, through August 31, 1988 Public Works/Public Buildings Custodial Aide - Effective May 17, 1988, through November 16, 1988 Kevin L. Kliebert Arthur R. Wilson Parks, Recreation & Community Services Mary K. Hudelson - Retired Senior Volunteer Program Coordinator - Effective May 17, 1988 . S.B.E.T.A. Leo Barnes - Summer Youth Specialist - Effective May 17, 1988, through September 30, 1988 HIGHER ACTING CLASSIFICATION Finance Department Andrew Green - Director of Finance - Effective May 19, 1988, through July 15, 1988 Public Services/Street Edward A. Lopez - Lead Maintenance Worker - Effective May 17, 1988, through July 13, 1988 Public Works/Engineering Verne J. Nadeau - Real Property Engineer - Effective April 5, 1988, through June 20, 1988 Public Services/Refuse Manuel A. Romero - Refuse Operator III - Effective April 1, 1988, through May 27, 1988 MILITARY LEAVE Fire Department Raymond P. Allaire - Fire Prevention Inspector - Effective May 13, 1988, through May 27, 1988 . 8 5/16/88 . PUBLIC HEARING - ESTABLISHMENT OF TRAFFIC SYSTEMS FEE - CONTINUED FROM MAY 2, 1988 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 developments or redevelop- ment. 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 personnel in reviewing plans, traffic studies and other activities in connection with new development. (See Item 47c - Page 39) (11) Mayor Wilcox opened the hearing. Council Member Estrada, Chairman of the Ways and Means Committee, stated that at their meeting of May 9, 1988, the Ways and Means Committee agreed with the staff recommendation that the fee be approved. Ci ty Attorney Penman answered questions the procedure to adopt the fee, stating that needed to be made. regarding a motion . tions tions Sweet Gene Klatt, Assistant City Engineer, answered ques- regarding the differences between the recommenda- of staff and those made by Civil Engineer Clyde concerning the Traffic Systems Fee. He also answered questions regarding the definition of "substantial improvement", which would trigger the requirement of the payment of the Traffic Systems Fee. Phil Arvizo, Executive answered questions, stating that the Traffic Systems Fee Agenda. Assistant to the Council, that Mr. SvJeet was notified was on this Council Meeting The expressed standards opposition tion. Mayor and Common Council discussed concerns previously by Mr. Sweet regarding the need for for the charge of the Traffic Systems Fee and to the fee by the Building Industry Associa- Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed. . RES. 88-140 RESOLUTION COMMON COUNCIL OF THE CITY ESTABLISHING THE AMOUNT SYSTEMS FEE. OF OF OF THE MAYOR AND SAN BERNARDINO THE TRAFFIC (11) 9 5/16/88 . City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived. Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 88-140 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope- Ludlam. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING CHAPTER 3.26 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A TRAFFIC SYSTEMS FUND AND TO IMPOSE A TRAFFIC SYSTEMS FEE. (11) City Clerk Clark read the title of the ordinance. . Council Member Flores made a motion, seconded by Council Member Estrada, that further reading of the ordi- nance be waived and that said ordinance be laid over for final reading. City Attorney Penman answered that the Traffic Systems Fee would the ordinance goes into effect. questions, stating go into effect when CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting and was replaced by Senior Assistant City Attorney Barlow. PUBLIC HEARING - PROPOSED SALE OF CITY-OWNED PROPERTY - HOME OF NEIGHBORLY SERVICE This is the time and place set for a public hearing to cons ider the sale of Ci ty-owned property, three tem- porary classrooms, to the Home of Neighborly Service. (12) In a memorandum dated May 4, 1988, Ken Henderson, Director of Community Development, provided information based upon discussions with San Bernardino Unified School District officials and two local appraisers regarding the value of the three temporary classrooms being $900 each. Mayor Wilcox opened the hearing. . 10 5/16/88 . Ken Henderson, Director of Community Development, answered questions regarding the value of the classrooms, stating that he had been advised by an appraiser that the fee for an appraisal would probably be more than the value of the buildings. New temporary classrooms would cost $65,000. Senior Assistant City Attorney Barlow answered ques- tions, stating that the City's liability regarding the temporary classrooms would end when the title to the property is transferred under a contract of sale or deed of trust. He recommended that the sale contract give the City a security interest but no liability. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; that the sale of the three (3) tem- porary classrooms owned by the Ci ty and acquired wi th CDBG funds to the Home of Neighborly Services in the amount of $900 per classroom, be approved. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and replaced Senior Assistant City Attorney Barlow. . HEARING - TITLE 24 - CALIFORNIA ADMINISTRATIVE CODE - IMPLEMENTATION OF BUILDING PERMIT FEE I NCREAS ES This is the time and place set for a hearing con- cerning Title 24 of the California Administrative Code as it relates to the implementation of building permit fee increases, as requested by former City Attorney Prince. (13) City Attorney Penman advised that his office is currently investigating complaints regarding Attorney Ralph H. Prince allegedly operating his law practice out of his home at 3160-B Little Mountain Drive, San Bernar- dino, without a business license and his alleged failure to remove political signs. City Attorney Penman read Attorney Prince his Miranda rights, so as not to violate his Constitutional rights during questioning. Ralph Prince, attorney, stated that the City has the right under state law to impose building permit fees. The state building code imposes standards, not fees. . 11 5/16/88 . In an undated letter, Ralph Prince disagreed with City Attorney Penman's legal opinion dated February 1, 1988, concerning charges that the City failed to collect a $300,000 increase in building permit fees, which Mr. Penman states were automatically imposed by operation of state law. Mr. Prince recommended that rather than debating the issue at the Council Meeting, that the matter be referred to a committee for review and a presentation in detail. City Attorney Penman read from Title 24 of the California Administrative Code regarding adoption of the Uniform Building Code, which is adopted in sections. He noted a discrepancy in that Title 24 refers to fees adopted in the Table of Contents and the Table of Con- tents was omitted from the California Administrative Code. Discussion ensued regarding the public hearing which was held by the Mayor and Common Council previous to their adoption of an ordinance to set the building permit fees. Mark Sutton, Director of Building and Safety, . answered questions regarding his understanding of the City's authori ty to set building permit fees, stating that the manner in which Title 24 was publi shed left interpretation to local legal counsel. City Attorney Penman stated that he had been advised by the former Ci ty Attorney's staff tha t sta te imposed fees did not apply to the City, because San Bernardino is a charter city. Mr. Prince stated that there is no question that the state has the right to impose building permit fees upon charter ci ties, and to impose standards if they do not act within a specified period of time. He spoke regard- ing his research of neighboring cities, stating that none of them are under the assumption that building permit fees are automatically imposed by state law. Council Member Maudsley made a motion, seconded by Counc i 1 Member Flores, tha t the hear i ng be closed, and the matter concerning Title 24 of the California Admini- strative Code as it relates to the implementation of building permit fee increases be referred to the Legis- lative Review Committee for review and a report back to the Mayor and Common Council. . 12 5/16/88 I . The motion Counc il Members Ludlam, Mi ller. None. carried Estrada, Noes: by the Reilly, Council following vote: Ayes: Flores, Maudsley, Pope- Member Minor. Absent: PROHIBITION OF THE SALE OF LOOK-ALIKE TOY GUNS - DISCUSSION OF SUPPORTING LEGISLATION This is the time and place set for discussion re- garding the City supporting legislation of the prohibi- tion of the sale of look-alike toy guns. (14) Theresa C. Overcast, Commissioner on the Animal Advisory Commission, suggested that the City pass an ordinance prohibiting the sale of look-alike toy guns. The adoption of such ordinances by all of the cities in the county would signify support for state legislators. Discussion forcing such an to have impact. ensued regarding the difficulty of en- ordinance, and the need for state support . Don Burnett, Police Chief, spoke in support of legislation prohibiting the sale of look-alike toy guns, stating that the most effective method of prohibition would be through state legislation. County and city governments could then consider the method of enforce- ment. City Attorney Penman answered that city ordinances can be adopted more, but not less, restrictive. questions, stating making state laws Jim Robbins, Acting City Administrator, stated that it is the opinion of the League of California Cities that requests in letter form to the state from cities are more effective than resolutions in support of legislation that are adopted by cities. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor be directed to send a letter to Sacramento, includ- ing the recommendation of Police Chief Burnett supporting legislation prohibiting the sale of look-alike toy guns; that the City Attorney be directed to prepare a resolu- tion, supporting state legislation prohibiting the sale of look-alike toy guns for adoption at the next Council Meeting, along with an ordinance, which would prohibit the sale of toy guns in San Bernardino, for consideration by the Council. . 13 5/16/88 . PUBLIC HEARING - YEAR-TO-DATE MULTI-YEAR DOG LICENSING This is the time and place set for a public hearing to consider changing the current method of dog licensing in the City from that of one expiration date for all licenses to a year-to-date multi-year dog license. (15) Mayor wilcox opened the hearing. In a memorandum dated April 13, 1988, Debbie Biggs, Director of Animal Control, recommended the implementa- tion of a year-to-date multi-year dog licensing for the City. Debbie Biggs, Director of Animal Control, reported problems incurred by the Department of Animal Control and Treasurer's Office as result of the current method of dog licensing, as all licenses are renewable on the same date. She stated that the City's current percentage of licensed and vaccinated dogs falls below that which designates an effective control in case of an outbreak of rabies. . Joan Orman, Pres iden t of the Humane Sac iety, answered questions regarding the number of dog owners having their animals vaccinated at the Low Cost Spay/ Neuter Clinic, and spoke in favor of the year-to-date multi-year license, a reduced license rate for animals owned by senior citizens and a transfer license for new residents. The Director of Animal Control spoke regarding the advantages of having year-to-date licensing in the City, stating that it would allow for the license to expire in conjunction with the dog's vaccination. She stated that the City is currently not complying with the intent of state law that a license cannot be valid beyond the point of the expiration of vaccination. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the hear i ng be closed; that the implemen ta tion of year- to- date mul ti -year dog 1 icenses be approved and tha t the City Attorney be instructed to prepare the necessary Municipal Code changes. . 14 5/16/88 . SALVATION ARMY - REQUEST FOR CITY'S PORTION OF STATE OF CALIFORNIA EMERGENCY SHELTER PROGRAM V GRANT FUNDS - SHELTER FOR HOMELESS Ken Henderson, Director of Community Development, answered questions regarding his memorandum dated April 26, 1988, which stated that the Salvation Army is re- habilitating its building at 845 Kingman Street. It was a homeless shelter until nine years ago when it failed to meet new building and safety codes and handicapped re- quirements. The site will accommodate up to seventy homeless men, women and children. (19) He reported that rehabilitation costs are estimated at $200,000. The Salvation Army was awarded a grant of $128,323 from the State of California Emergency Shelter Program V and is requesting use the City's $34,000 ESGP allocation. The Salvation Army will match the City's $34,000 ESGP allocation with cash or gifts in-kind. Com- pletion of the rehabilitation is targeted for October 20, 1988, and approval of their Certificate of Occupancy by December 1, 1988. . Council Member Minor abstained from acting on this matter as he is on the Board of Directors of the Salva- tion Army. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. Captain Robert Anderson of the Salvation Army stated that the City's funds would go towards furnishings and equipment for the homeless shelter. The Mayor and Common Council recognized the efforts of the Salvation Army in the City for the past 100 years. RES. 88-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT FUND- ING AGREEMENT BETWEEN THE CITY OF SAN BER- NARDINO AND THE SALVATION ARMY. (19) City Clerk Clark read the title of the resolution. . Ken Henderson, Director of Community Development, answered questions, stating that the matter will be re- quired to come before the Planning Commission for hear- ing; however, cities are required to make their appli- cations for the grant funds to HUD and allocate their grant awards by May 19, 1988. Any needed action may be taken after the Planning Commission reviews the matter. 15 5/16/88 . Council Member Estrada made a motion, Council Member Miller, that further reading lution be waived and that said resolution be seconded by of the reso- adopted. Resolution No. 88-141 was vote: Ayes: Counc i 1 Member s Maudsley, Pope-Ludlam, Miller. Council Member Minor. adopted by the fOllowing Estrada, Reilly, Flores, Noes: None. Absent: COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. RECESS MEETING - CLOSED SESSION At 11:07 a.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously car- ried, that the Common Council recess to Closed Session under the following Government Code Sections: 54956.9 (b) (1) to confer with its attorney regarding pending litigation regarding Claim 86B-083, McMahan's Furniture and Claim 88A-053, Paul M. Quinton; and (54) . 59456.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (S-l) Rush vs. City of San Bernardino - San Bernardino Superior Court Case No. 232660; Weatherly vs. Hayden, et al - San Bernardino Super- ior Court Case No. 235064, Malleck vs. City of San Bernardino, et al - United States District Court (Central District) Case No. 87-1615 AWT (Bx). CLOSED SESSION At 11:07 a.m., Mayor Wilcox called the sion to order in the Conference Room of Chambers, City Hall, 300 North "D" Street, dino, California. Closed Ses- the Council San Bernar- ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. . Also present: John Kirwan, Director of Risk Manage- ment. 16 5/16/88 . CITY CLERK CLARK At 11:12 a.m" Closed Session. ARRIVED City Clerk Clark arrived in the ADJOURN CLOSED SESSION At 11: 15 a.m., the Closed Session was adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:15 a.m., Mayor wilcox called the Regular Meet- ing to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. RECESS MEETING At 11: 15 a. m., the Mayor and Common Counc i 1 took a five-minute recess. . RECONVENE MEETING AT 11:25 a.m., Mayor Wilcox called the Regular Meet- ing of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken following being present: Estrada, Reilly, Flores, Miller; Senior Assistant Clark, Deputy Director Lowder. Absent: None. by Ci ty Clerk Clark wi th the Mayor Wilcox; Council Members Maudsley, Minor, Pope-Ludlam, City Attorney Barlow, City Clerk of the Redevelopment Agency 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. . 17 5/16/88 . RES. 88-142 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN INCREASE IN FEES FOR CERTAIN TRUST FIDUCIARY SERVICES PROVIDED BY SECURITY PACIFIC NATIONAL BANK IN CONNECTION WITH THE CITY'S SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BONDS, 1980 SERIES A. (R-6) City Clerk Clark read the title of the resolution. Counc i 1 Member Pope-Ludlam made a moti on, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-142 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. . PARKING LOT NO. 3 - REQUEST BY JOHN LONERGAN TO PURCHASE PUBLIC PARKING LOT PROPERTY In a memorandum dated May 10, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, stated that Section 15 of the lease agreement between the Redevelopment Agency (the owner of the parking lots) and the City (operator of the parking lots) requires that any reduction of the number of parking spaces be accounted for in one of two ways: (R-8) 1. Supplying substitute property for any property removed from the leased premises or 2. Deposit with the Fiscal Agent an aliquot portion of the bonds which were used to purchase the property. She further stated that the Parking Place Commission recommends that in lieu of the request of Mr. John Lonergan to purchase 14 parking spaces in Public Parking Lot No.3, that he request a long- term lease for the spaces. Their recommendation was based upon a recent survey which revealed a lack of downtown public parking. If Mr. Lonergan is permitted to purchase the spaces, then other landlords could follow this precedent, thereby further reducing the available parking spaces. . 18 5/16/88 . Sandy Lowder, Deputy Director of the Redevelopment Agency, answered questions regarding the recommendation of the denial of the sale of parking spaces. Carl Waelder, real estate broker, spoke in opposi- tion to the recommendation of the Community Development Commission to deny the request "without substitution". Sandy Lowder answered questions regarding a previous request of Mr. Lonergan to purchase a large portion of the parking lot behind his building, at which time sub- stitution parking was located and the Redevelopment Agency purchased the replacement property for the Lonergan's to buy from the Redevelopment Agency. Instead, the Lonergan's purchased another piece of property to use for parking. John Lonergan, acting as trustee for his family, spoke regarding their need for the parking spaces and the lack of alternative parking. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the request of Mr. Lonergan to purchase publ ic parking lot property without substitution, be denied. RECESS MEETING - CLOSED SESSION At 11:45 a.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously car- ried, that the Community Development Commission/Rede- velopment Agency of the City of San Bernardino will recess to Closed Session under the following Government Code Sections: (R-9a and R-10a) 54956.8, to discuss with its negotiator the pur- chase, sale, exchange or lease of real property and to give instructions to its negotiator concerning the price and terms for said transaction. The property which the negotiations concern is generally located on West High- land Avenue at its intersection with Western; and 54956.9(C), to discuss any and all potential liti- gation with regards to the existing and proposed tax increment agreement with the County of San Bernardino. CLOS ED SES S ION At 11:45 a.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . 19 5/16/88 . ROLL CALL Roll Call was taken wi th the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Acting City Administrator Robbins. Absent: City Attorney Penman, City Clerk Clark. Also present were: Senior Assistant City Attorney Barlow, Deputy Director of the Redevelopment Agency Lowder, Jeff Kinsell of Miller and Schroeder, Bond Coun- sel Tim Sabo, Redevelopment Agency Manager Lorraine Velarde. ADJOURN CLOSED SESSION At 12: 01 p.m., the Closed Sess i on adj ourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 12:01 p.m., Mayor Wilcox called the Regular Meet- ing to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL Roll following Estrada, Mi ller; Robbins. CALL Call was taken by Ci ty Clerk Clark wi th the being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, City Clerk Clark, Acting City Administrator Absent: City Attorney Penman. REQUEST FOR CLOSED SESSION - POTENTIAL LITIGATION - TAX INCREMENT AGREEMENT - COUNTY OF SAN BERNARDINO Council Member Minor made a motion, seconded by Counc il Member Mi ller and unan imously carr ied, that the Closed Session to discuss any and all potential li ti- gation regarding an existing and proposed tax increment agreement with the County of San Bernardino, be continued to 8:30 a.m., Monday, May 23, 1988, in the Council Cham- bers of City Hall, 300 North "0" Street, San Bernardino, California. (R-10) RECESS TO LUNCHEON MEETING At 12:01 p.m., the Mayor and Common Council recessed to the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, for a luncheon meeting with the Cultural Affairs Commission regarding fine arts funding. . 20 5/16/88 . RECONVENE MEETING At 12: 32 p.m., the Regular Meeting of the Mayor and Common Council reconvened 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 Deputy Ci ty Clerk Lang with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: None. Also present were: Cultural Affairs Commissioners Barry Silver, Dick Simon, Doris Ballard, Harry Murray, and Dale Jenks; Thelma Press, Cultural and International Affairs; Richard Bennecke, Executive Assistant to the Mayor; Gloria Brown, Mayor's Secretary; Phil Arvizo, Executive Assistant to the Council. . FINE ARTS FUNDING - FINE ARTS COMMISSION - LUNCHEON MEETING FOR DISCUSSION This is the time and place set for a luncheon meet- ing between the Mayor and Common Council of the City of San Bernardino and the Fine Arts Commission, regarding fine arts funding, the allocation of those funds and the prospect of receipt of future funding. (42) Barry Silver, Chairman of the Fine Arts Commission, provided a copy of the 1986-87 and 1987-88 Arts Funding Budget, itemizing funding allocations paid and Cultural Development Fees collected. He also provided information regarding the current status of Bill No. AB 1600 regard- ing development project fees. Discussion was held concerning the prospect of future funding from development project fees due to Bill No. AB 1600, and whether or not the commission could expect funding from the City's General Fund. Senior Assistant City Attorney Barlow answered questions regarding the preparation of letter to the state legislature regarding public support of the Cul- tural Development Fee. He stated the need for a signi- ficant number of letters of support from the pUblic to send to the state. . 21 5/16/88 . He answered questions regarding the validity of development project fees within the context of the law, as the Cultural Development Fee does have a purpose associated and identified with development. He stated that City Attorney's are generally of the opinion that AB 1600 does prevent these fees. Thelma Press, Cultural and International Affairs, requested that the City Attorney's office prepare a sample letter of support for the Cultural Development Fees so that groups and organizations may have an idea of what to include in their letters. She spoke regarding the need for a funding source for cultural activities in the City and the lack of voluntary funding from organizations, stating that over 300 requests for donation letters were sent to represen- tatives of the building industry and trades and only two donations were received. Discussion ensued regarding developers from outside of the city building developments that benefit from the cultural activities in the City and leaving the community without having contributed to the support of the cultural activities. . Thelma Press advised that letters of concern have been written to Assemblyman Leonard. Senior Assistant City Attorney Barlow answered ques- tions, stating that an amendment to the state law would be the proper course of action to reinstate development project fees, and that a show of pUblic support is needed to get an amendment. Discussion ensued regarding the allocation of the funds and the Commission reserving funds for a substan- tial contribution to the City. The importance of edi- torial support in the newspaper was also discussed. COUNCIL MEMBER At 1: 00 p.m., Council Meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the The Commiss i on recommended tha t the Roosevel t Bowl at perris Hill Park be funded in the same manner as last year and stated that the Sinfonia Mexicana proved that their allocated funds were used wisely. Any profits . 22 5/16/88 . incurred by Sinfonia Mexicana are to be given to the commission. This is the first year that Junior Univer- si ty has requested funding, which the commission recom- mends. The commission also supports the Inland Lions Group's provision of a Korean art show. The Mayor and Common Council thanked the Fine Arts Commission for their dedication and hours spent providing the community with fine arts. RECESS MEETING At 1:21 p.m., Council Member Flores made a motion, seconded by Council Member Estrada and unanimously car- ried, that the luncheon meeting recessed to 2:00 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:18 p.m., Mayor wilcox called the Regular Meet- i ng of the Mayor and Common Counc il of the Ci ty of San Bernardino to order. . ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. APPEAL HEARING - PLANNING COMMISSION'S INTERPRETATION - REVIEW OF PLANS 88-4 - FAST FOOD VS. RESTAURANT - 1271 W. FIFTH STREET - MIGUEL HINOJOSA - PAUL MADISON - CONTINUED FROM MAY 2, 1988 This is the time and place set for an appeal hearing concerning the Planning Commission's interpretation that Review of Plans 88-4 be designated as a fast food res- taurant instead of a restaurant. The proposed 840 square foot business is located on a 7,500 square foot parcel at 1271 West Fifth Street. Mr. Paul Madison, architect, was the applicant for Review of Plans 88-4, and Mr. Miguel Hinojosa is an owner. (49) Mayor Wilcox opened the hearing. . Ann Siracusa, Planning Director, answered questions regarding a request from the applicant that the Planning Commission establish the criteria to distinguish between a restaurant and a restaurant drive-through, drive-in and walk-up. The classification of this business will affect park ing requi rements. Fast food establ i shments requi re more parking than a restaurant. 23 5/16/88 . Paul Madison, architect, handed out a drawing of the proposed restaurant. Ralph Prince, attorney representing the owner, answered questions, stating that the proposed business is definitely not a drive-through or fast-food restaurant. It is designed to have six tables with four chairs each, and a waiter or waitress. It does not have a drive-up nor a walk-up window. In a memorandum dated March 2, 1988, Senior Assistant City Attorney Barlow listed criteria defining a restaurant, and in a letter dated May 16, 1988, Paul Madison, architect, answered to the criteria. Mr. Prince answered criteria of individually menu, waiters/waitresses, order. questions regarding the five priced menu items, choice of tables and meals provided to Miguel Hinojosa, owner, answered questions regarding the accommodations of the proposed business. . Ann Siracusa, Planning Director, answered questions regarding parking space requirements, stating that as a restaurant, the project would still need a variance. Ralph Prince, attorney, answered questions regarding the computations made by the owner that the proposed business is a viable restaurant with limited seating. He stated that take-out food could be ordered and patrons would enter the restaurant to pick it up. food wi th Ann Siracusa answered questions, stating that fast establ i shments and take-out food establ i shments seating have the same parking space standards. James Penman, City regarding the distinctions walk up restaurants. Attorney, answered questions of drive through, drive in and Mr. Pr ince sta ted tha t the purpose of the bus iness is to be a restaurant. Mrs. Hinojosa, owner, answered questions regarding this being a family owned and operated business. . City Attorney Penman stated that the appeal was filed concerning the type of restaurant, not the denial of the plans. If the restaurant is approved, the plans will have to be approved. 24 5/16/88 . Mr. Prince acknowledged understanding of that re- quirement. Discussion problems. ensued regarding off-street parking Mr. Prince spoke regarding the number of parking spaces that the lot size could provide. Mr. Mad i son answered quest ions regard ing hi s cal- culations of the required parking for the business, stating that he calculated the requirement on the basis of the amount of seating and the Planning Department is calcula ti ng it on the bas i s of the serv ice and ci rcula- tion area inside the restaurant, which he believes to be exempt. Ci ty Attorney Penman read from the Municipal concerning the parking requirements, stating that restaurant would also need a variance. Code the . Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; that the appeal be upheld and the business be designated as a restaurant. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.60.100 SUBSECTIONS A AND B OF THE SAN BERNARDINO MUNICIPAL CODE RE- GARDING TEMPORARY SIGNS. (First) (50) Ann Siracusa, Planning Director, regarding her memorandum dated April adoption of a negative declaration ordinance amendment to Subsections 19.60.100 concerning temporary signs answered questions 25, 1988, in which and approval of an A and B of Section was recommended. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning an amendment to Text No. 87-9, Section 19.60.100, Subsections A and B, regarding temporary signs and banners, be referred to the Legislative Review Com- mittee for a public hearing. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 25 5/16/88 . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING SECTIONS 19.04.172, 19.04.467, 19.04.468 AND 19.04.517 TO THE SAN BERNARDINO MUNICIPAL CODE; AMENDING SECTIONS 19.24.020 SUBSECTION (A), 19.26.020 SUBSECTION (B), 19.36.020 SUBSECTION (V-AA); ADDING SECTION 19.36.020 SUBSECTION (BB) TO THE SAN BERNAR- DINO MUNICIPAL CODE; AND ADDING CHAPTER 19.41 TO THE SAN BERNARDINO MUNICIPAL CODE TO SET OUT CONDITIONS AND PROCEDURES FOR PERMITTING RECYCLING FACILITIES AND TO ESTABLISH CON- VENIENCE ZONES. (51) City Clerk Clark read the title of the ordinance. In a memorandum dated May 3, 1988, Ann Siracusa, Planning Director, provided background and options con- cerning amendments to the Municipal Code to establish conven ience zones and procedures for recycl ing fac i 1 i- ties, as required by State law. . The following letters were received regarding the proposed ordinance: Boudewijn Hanrath of Recycle Cen- ters, dated January 21, 1988, and February 8, 1988; Stephen Almieri of Reynolds Aluminum Recycling Pays, dated January 20, 1988, and February 8, 1988. Ann Siracusa, Planning Director, answered questions regarding the provisions and requirements of the ordi- nance. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the Negative Declaration be adopted; that the first reading of the ordinance be waived and said ordinance be laid over for final passage. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . CHANGE OF ZONE 88-1 APPLICATION - 23RD STREET, WEST OF MT. VIEW AVENUE - PATRICK CHIU & ASSOC., APPLICANT - GREAT WESTERN DEVELOPMENT, OWNER In a memorandum dated April 25, 1988, Ann Siracusa, Planning Director, recommended approval of Change of Zone 88-1, requested by Patrick Chiu & Associates on behalf of Great Western Development, owner. The subj ect property is located on the south side of 23rd Street, 100 feet west of Mt. View Avenue. The requested zone change is from C-3, General Commercial-District, to T, Transitional Commercial. (52) 26 5/16/88 . Ann Siracusa, Planning Director, answered questions regarding building setback requirements. Discussion ensued regarding the need for housing of families with family members as patients in nearby hos- pi tal s. A correction was noted in the staff report, as the proposed motel is west of Mt. View, not Mt. Vernon. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the appl ication for Change of Zone BB-l be continued for thirty days for a report from the Police Department re- garding problems with neighboring motels, and for infor- mation on other motels owned or operated by this appli- cant. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM RETURNED Council Members Estrada and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. . CONDITIONAL USE PERMIT BB-4 - REQUEST FOR RECONSIDERATION OF DENIAL - JOHN LIGHTBURN - LIQUOR STORE - NORTH SIDE OF HIGHLAND AVENUE, NEAR PALM AVENUE - STEVE HALL, APPLICANT - JAMES SIMPSON, OWNER In a letter dated May 2, 19BB, John Lightburn, representing Steve Hall, applicant and James Simpson, Owner, requested tha t the Mayor and Common Counc i 1 re- consider their action taken at an appeal hearing on April 4, 19BB, when they denied Conditional Use Permit BB-4. (59) This matter concerns the proposed establishment of 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. Discussion ensued regarding the policy for recon- sideration of previously heard Council items and the costs involved in renotifying the public that an item is being reconsidered. Shauna Clark, City Clerk, advised that planning items have not been reconsidered in the past. Council Member Flores made a motion, seconded by Council Member Miller, that the request to reconsider action taken by the Mayor and Common Council relative to . 27 5/16/BB . CUP 88-4, submitted by John Lightburn, be approved and that the item be placed on the June 20, 1988, Council Agenda, pending acknowledgement that the appellant will pay all costs for advertising and notification of neigh- boring residences and businesses. PUBLIC HEARING - FISCAL YEAR 1988-89 CDBG STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS - AUTHORIZATION FOR SUBMISSION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT This is the time and place set for a public hearing concerning the Fiscal Year 1988-89 Community Development Block Grant Statement of Objectives and Projected Use of Funds and authorization for staff to submit it to the U.S. Department of Housing and Urban Development. (53 ) In a memorandum dated May 3, 1988, Ken Henderson, Director of Community Development, provided the recom- mendations of the Community Development Citizens' Advi- sory Committee funding recommendations. . Ken Henderson, Director of Communi ty Development, answered questions concerning the funding recommenda- tions, stating that they can be amended at a later date or action can be deferred. Lisa Harris SBCUSD explained any funding. from Food Nutrition Services of the her program, stating it had not received Dr. Mildred Henry for the PAL Center and Brian Bost from the Easter Seals Society were present to thank the Mayor and Common Council for funding. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed; that the FY 1988-89 CDBG Statement of Objectives and Projected Use of Funds be approved and that staff be authorized to submit same to the U.S. Department of Housing and Urban Development. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 28 5/16/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITTMENT TO COMPLETE DEVELOP- MENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Con- tinued from May 2, 1988) (16) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter concerning Patton Park property be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held June 6, 1988. COUNCIL MEMBER POPE-LUDLAM RETURNED Counc i 1 Member Pope-Ludlam returned to the Counc i 1 Meeting and took her place at the Council Table. READING AND WAIVING OF RESOLUTIONS Shauna Clark, Ci ty Clerk, read the ti tles of the remaining resolutions on the Council Agenda. . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 88-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE AGREEMENT WITH REED, ROBERTS ASSOCIATES, INC., FOR UNEMPLOYMENT COMPEN- SATION CLAIMS ADMINISTRATION AND COST CONTROL SERVICES; TO CHANGE THE NAME FROM GAB BUSI- NES S SERVICES, INC., TO R. E. HARRINGTON, INC. AND TO EXTEND THE CONTRACT THROUGH DECEMBER 31, 1988. (Continued from May 2, 1988) (17) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-143 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . RES. 88-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SAN BERNAR- DINO AND THE STATE OF CALIFORNIA , DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AND REPEALING RESOLUTION NO. 88-63. (18) 29 5/16/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-144 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Ab- sent: None. RES. 88-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WARREN DUNCAN FOR DEMOLITION AND CLEARANCE OF RESI- DENTIAL STRUCTURE LOCATED AT 9138 NORTH MT. VERNON AVENUE, SAN BERNARDINO, CALIFORNIA. (213) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resol ut i on No. 88-145 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Ab- sent: None. . RES. 88-146 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF AN AGREEMENT WITH AMERICAN ASSOCIATION OF RETIRED PERSONS #21383 ("PRIME TIME CHORALIERS"), RELATING TO MUSIC APPRECIATION WITHIN AARP GROUPS IN SAN BERNARDINO. (22) Counc i 1 Member Rei lly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-146 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND CULTURE AND REPEALING RESOLUTION NO. 88-118. (24) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. . 313 5/16/88 . Resolution No. 88-147 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller . Noes: None. Ab- sent: None. RES. 88-148 - 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. (1607 COLIMA AVE., 2227 W. COURT ST., 671 N."D" ST., 580 S. "H" ST., 1546 W. KINGMAN ST., 341 S.MAYFIELD, 4508 N. SIERRA WAY) (25) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-148 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Ab- sent: None. . RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING PROPOSED LEGISLATION FOR CONGRES- SIONAL AUTHORIZATION TO LINE POR'rIONS OF THE ALL AMERICAN CANAL AND THE COACHELLA BRANCH. (21) Discussion was held concerning Bill H.R. 3988 re- garding the provision of water conservation opportunities by lining the All-American Canal, Boulder Canyon Project and for other purposes. Concern was expressed that high growth communities would be locked into a maximum amount of water use. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter concerning lining portions of the All American Canal and the Coachella Branch be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, to be held June 6, 1988, for further information. RES. 88-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND LIONS CLUB FOR THE PROMOTION OF ARTS AND CULTURE AND REPEALING RESOLUTION NO. 88-117. (23) . The Mayor and Common Council discussed the Korean culture event, which will be held here in San Bernardino. 31 5/16/88 . Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-149 was vote: Ayes: Counc il Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION... ESTABLISH- ING...EMPLOYER-EMPLOYEE RELATIONS.....; BY ADDING, POSITIONS OF ENERGY MANAGEMENT COORDINATOR, SENIOR CUSTODIAN, SENIOR PARKING CONTROL CHECKER, SURVEY PARTY CHIEF, CATV PRODUCTION SPECIALIST I, CATV PRODUCTION SPECIALIST II, CATV PRODUCTION SUPERVISOR, CATV PROGRAMMING SUPERVISOR, STAFF ANALYST III AND SPECIAL OLYMPICS COORDINATOR; AND DELETING THE POSITIONS OF SURVEY ENGINEER AND COMMUNITY SERVICES SUPERVISOR EFFECTIVE JULY 4, 1988. (26) . James Robbins, Acting City Administrator, answered questions regard ing the cd ter ia used to establ i sh these positions, stating that they had all been approved in an earlier resolution, had gone before the Personnel Com- mittee, and would be funded by franchise fees. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resol ution No. 88-150 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 32 5/16/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION.. .CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY CREATING THE CIVIL SERVICE OFFICE, ESTABLISHING THE POSI- TION OF CIVIL SERVICE BOARD CHIEF EXAMINER AND THE POSITION OF SECRETARY EFFECTIVE APRIL 19, 1988; DELETING THE POSITIONS OF SECRETARY AND PERSONNEL DIRECTOR/CIVIL SERVICE BOARD CHIEF EXAMINER AND SECRETARY; ESTABLISHING THE POS IT IONS OF DIRECTOR OF PERSONNEL AND SENIOR SECRETARY; DECREASING THE NUMBER OF PERSONNEL CLERK II'S FROM 3 TO 2 IN THE PER- SONNEL DEPARTMENT EFFECTIVE APRIL 19, 1988; DELETING THE POSITION OF PARKING CITATION SPECIALIST AND INCREASING THE NUMBER OF ACCOUNT CLERK I' S FROM 1 TO 2 IN THE PUBLIC BUILDING DIVISION. (29) . Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held June 20, 1988. RES. 88-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED IN PART "A RESOLUTION...PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF..." TO ESTABLISH A NO PARK- ING ANY TIME ZONE ON A PORTION OF BASELINE STREET BETWEEN WATERMAN AVENUE AND A POINT 1650 FEET EASTERLY THEREOF (LA JUNTA STREET) APPLICABLE TO THE SOUTH SIDE ONLY. (30) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-151 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absen t: Counc i 1 . 33 5/16/88 . RES. 88-152 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482, ENTITLED IN PART, "A RESOLUTION...DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED..."; AND AUTHORIZING THE INSTALLA- TION OF STOP SIGNS ON GENEVIEVE STREET, PERSHING AVENUE, MAYFIELD AVENUE, "D" STREET, AND STODDARD AVENUE AT THEIR INTERSECTION WITH TWENTY-EIGHTH STREET. (31) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resol ut i on No. 88-152 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council COUNCIL MEMBER POPE-LUDLAM RETURNED Counc il Member Pope-Ludlam returned to the Counc i 1 Meeting and took her place at the Council Table. . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. ..ESTABLISHING A BASIC COMPEN- SATION PLAN...", BY DELETING THE POSITION OF CABLE TELEVISION COORDINATOR AND ADDING THE POSITION OF DIRECTOR OF TELECOMMUNICATIONS AT RANGE 4147 ($3ll8-381J1J/MO.) EFFECTIVE JULY 4, 1988. (27) James RObbins, Acting City Administrator, answered questions, stating that this matter has not gone through the Personnel Committee. Counc i 1 Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning Director of Telecommunications be re- ferred to the Personnel Committee. RES. 88-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION...ESTABLISHING A BASIC COMPENSAT ION PLAN..." BY ADDING THE POS IT ION OF RECREATION SUPERVISOR (AQUATICS)/PART-TIME AT $12.5654 PER HOUR. (28) . Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. 34 5/16/88 . Resolution No. 88-153 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-154 - RESOLUT ION OF THE BERNARDINO AWARDING A CONTRACT PAVING, INC., FOR CONSTRUCTION ACCESSIBILITY AT CITY PARKS. CITY OF SAN TO REDLANDS OF HANDICAP (32 ) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the transfer of $663 from Account No. 241-361-57201, "Various Park Projects", to Account No. 121-544-57522, "Handicap Accessibility at City Park", be approved. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-154 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. . RES. 88-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MLADEN GRBAVAC CONSTRUCTION COMPANY FOR INSTALLATION OF A RELIEF SEWER IN CIRCLE ROAD, NORTH OF EDGEHILL ROAD. (33) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-155 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KERSHAW CONSTRUCTION COMPANY FOR REPLACEMENT OF OAK STREET AND VALLEY STREET BRIDGES OVER WARM CREEK. (34) . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the transfer of $26,636 from Account No. 242-362-57385, "Signals - Highland/Golden to Valencia", to Account No. 242-362-57359, "Oak Street Bridge at Warm Creek", be approved. 35 5/16/88 . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the transfer of $44,300, from Account No. 242-362-57382, "Signals - Mt. Vernon/Rialto to Tenth", to Account No. 242-362-57371, "Valley Street Bridge at Warm Creek", be approved. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-156 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO C & D MANUFAC- TURING FOR THE FURNISHING AND DELIVERY OF NINE (9) EACH 30 CUBIC FOOT ROLL-OFF UNITS IN ACCORDANCE WITH SPECIFICATION F-88-10. (35) . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-157 was vote: Ayes: Council Member Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. RES. 88-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO LECTRO-MATION FOR THE FURNISHING AND DELIVERY OF TWO (2) EACH CLOW PUMPS, MODEL 6103 IN ACCORDANCE WITH SPECIFICATION F-88-11. (36) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-158 was vote: Ayes: Counc il Member Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. . RES. 88-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO MENTONE TURF SUPPLY FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE CONTRACT IN ACCORDANCE WITH SPECIFICATION F-89-03. (37) 36 5/16/88 . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-159 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO COMMERCIAL SECURITY FOR THE FURNISHING AND DELIVERY OF SECURITY SERVICES FOR FELDHEYM CENTRAL LIBRARY IN ACCORDANCE WITH SPECIFICATION F-89-07. (38) Counc i 1 Member Rei lly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-160 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. . RES. 88-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO KEYSTONE BATTERY FOR THE FURNISHING AND DELIVERY OF AUTOMOTIVE BATTERIES IN ACCORDANCE WITH SPECIFICATION F-89-09. (39) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-161 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 15.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FLOOD CONTROL MEASURES. (Continued from May 2, 1988) (40) Counc i 1 Member Mi ller made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived, and that said ordinance be laid over for final passage. . 37 5/16/88 . ORDINANCE OF THE CITY OF SAN BERNARDINO RE- FIRST ZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87- 14, LOCATED AT THE SOUTHEAST CORNER OF KEN- DALL DRIVE AND STATE STREET). (41) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived, and that said ordinance be laid over for final passage. FISCAL YEAR 1988-89 PROPOSED GENERAL FUND BUDGET - SETTING OF FIRST REVIEW This is the time and place set for the setting of the first review of the Fiscal Year 1988-89 proposed General Fund Budget. (43) James Robbins, Acting Ci ty Administrator; Andy Green, Acting Director of Finance, and David Miller, Senior Accountant, were present to give the Mayor and Common Council copies of the proposed General Fund Bud- get, for their review before the first review hearing. . James Robbins stated that the summary was prepared by division and with details requested during last year's budget rev iew. He requested that the Mayor and Common Council review the budget and present any questions to his office before June 9th, so that they may be answered at the first review hearing. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the first review of the Fiscal Year 1988-89 proposed General Fund budget be set for Noon, June 9, 1988, in the Manage- ment Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - MAY 5, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Legislative Rev iew Commi ttee, presented the minutes of the meeti ng held May 5, 1988, at which time the following items were discussed: (44) . 1. Cat Licensing Program - The Committee referred the issue to the Animal Control Commission recommending the Commissioners review licensing without a leash law. The I tern wi 11 be brought back to commi ttee on June 23, 1988. 38 5/16/88 . 2. Memorandum of Understanding by and between the Mayor and Common Council Providing Notice by Mayor, Mayor Pro Tern and the First Alternate on their Absence from the City The committee asked the City Administrator to bring back a simple plan that could be agreed to by all parties without an ordinance or resolution. Item will be reviewed again on May 19, 1988. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Legislative Review Committee meeting of May 5, 1988, be received and filed. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. REVIEW COMMITTEE APPOINTMENT ROTATION MEETING MINUTES - MAY 9, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Committee to Review Committee Appointment Rotation, presented the minutes of the meeting held May 9, 1988, at which time the following was discussed: (45) . The Committee met to review committee appointments. After considerable discussion, the committee recommended the status quo. Counc i 1 Member Flores made a moti on, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Committee to Review Committee Appointment Rotation meeting held May 9, 1988, be received and filed. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. COUNCIL PERSONNEL COMMITTEE MEETING MINUTES - MAY 5, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Council Per- sonnel Committee, presented the minutes of the meeting held May 5, 1988, at which time the following items were discussed: (46) 1. Establishment of Traffic Engineering Section - The Committee concurred with the staff report and recom- mended approval. The i tern wi 11 appear on the June 20, 1988, Council Agenda. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Council Personnel Committee meeting held May 5, 1988, be received and filed. 39 5/16/88 . WAYS AND MEANS COMMITTEE MEETING MINUTES - MAY 9, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairwoman of the Ways and Means Committee, presented the minutes of the meeting held May 9, 1988, at which time the following items were discussed: (47) 1. General Obligation Bonds/Capital Improvement Program The Committee recommended that the General Obligation Bond issue be presented to the full Council to determine whether there is majority support. The Acting City Administrator will provide a memo at the May 16 meeting (see back-up) with this item explaining the needs, effects and what a $110 million GOB would mean to the citizens of the city. If the Council votes to go ahead, the Committee would recommend a working committee with staff, representatives from each ward, Mayor's representative and one or two Council Members to estab- lish a priority list of projects to be recommended. 2. Public Utilities Rate Change - GTE Request for Rate Increase - The attached letter from General Tele- phone was read into the record and the item was received and filed. . 3. Traffic Systems Fee - $12 Per Trip, Generated by New Development or Redevelopment - The Committee recom- mended approval of the $12 fee. The documentation will be presen ted to the Mayor and Counc i 1 on the June 6 th Agenda. (See Item 11 - Page 9) 4. Visitors/Convention Bureau The Committee received presentation from staff and Chamber of Commerce members. The Committee continued the item as recommended by the City Treasurer that they first review the 88-89 budget. 5. Consideration of Annual Payback Arrangement Established for Parking District Secondary Assessment Roll - Councilwoman Miller absented herself due to con- flict of interest. The Committee recommended referral to the full Council without a recommendation after receiving information from staff and several members of the Central City Parking Place Commission and property owners. This item will be placed on the June 6th Council Agenda. (Attached are options presented by staff) . Council Member Minor made a motion, seconded Council Member Maudsley and unanimously carried, that minutes of the Ways and Means Committee meeting held 9, 1988, be received and filed. by the May 40 5/16/88 . GENERAL OBLIGATION BOND MEASURE - WORKSHOP Council Member Estrada, Chairman of the Ways and Means Committee, presented a recommendation dated May 13, 198~ from James Robbins, Acting City Administrator, that a $100,000,000 bond obI igation measure be placed on the November, 1988, ballot. (47a) The presen ted measure. Mayor and Council discussed the proposal and some concerns about voter acceptability of the The Mayor stressed that the benefits would have to be very iden ti f i able to voters, as the ir property taxes would be increased to pay for the bond measure. Council Member Estrada made a motion, seconded by Council Member Reilly, that a workshop be held Tuesday, May 31, 1988, at 10:00 a.m. in the Management Information Center (MIC Room), to discuss general obligation bonds. The motion Council Members Ludlam, Miller. None. carried by the following vote: Ayes: Estrada, Reilly, Flores, Minor, Pope- Noes: Council Member Maudsley. Absent: . COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Council Meeting. MOBILEHOME AD HOC COMMITTEE MEETING MINUTES - MAY 10, 1988 - COUNCIL MEMBER FLORES Council Member Flores, Chairman of the Mobilehome Park Ad Hoc Committee, presented the minutes of the meet- ing held May 10, 1988, at which time the following was discussed: (48) 1. Mobilehome Park Rental Assistance Program - The Committee reviewed the recommendation from the Community Development Director. The Committee continued the item after considerable discussion. Staff will return with a task force plan on May 24, 1988, at 10:00 a.m. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Mobilehome Ad Hoc Committee meeting held May 10, 1988, be received and filed. . COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM RETURNED Council Members Estrada and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. 41 5/16/88 . RDA INVESTMENT FUNCTIONS - TRANSFER OF SUPERVISION TO CITY TREASURER The Mayor and Common Council discussed a recom- mendation of Council Member Estrada that the supervision of Redevelopment Agency investments be transferred to City Treasurer Craig Graves on an interim basis. (RS-I) Council Member Estrada made a motion, seconded by Council Member Maudsley, that effective immediately, all investment transactions by the Redevelopment Agency be subject to review and written recommendation of approval by the City Treasurer, at least on an interim basis. Sandy Lowder, Deputy Director of the Redevelopment Agency, explained her understanding of the motion. Craig Graves, City interim", and was told: Treasurer, asked "How long "Hopefully, a few months". is Lorraine Velarde, Administrative Assistant to the Redevelopment Agency, and Sandy Lowder, Deputy Director of the Redevelopment Agency, expressed concerns about the motion and the availability of the City Treasurer in case a decision had to be made immediately. . The City Treasurer gave a brief explanation of how he would carry out this order and stated that Deputy City Treasurer Edy Rose can make investment decisions whenever he is away from his office. Sandy Lowder, Deputy Director of the Redevelopment Agency, defended the actions of the agency in terms of $13,000,IHJ0 dispersed among banks in the United States, pursuant to the advice of a broker named Astor Wood. After discussion, the motion ing vote: Ayes: Council Members ley, Minor, Pope-Ludlam, Miller. Reilly. Absent: None. carried Estrada, Noes: by the follow- Flores, Mauds- Counc i 1 Member REDEVELOPMENT AGENCY - SERVICES OF OUTSIDE COUNSEL Council Member Estrada presented her recommendation that the Redevelopment Agency be prohibited from seeking the services of outside counsel without the express approval of Senior Assistant City Attorney Dennis Barlow. (RS-2 ) . Sandy Lowder, Deputy Director of Agency, answered questions regarding Agency's practice of using outside issues and other matters. the Redevelopment the Redevelopment counsel for bond 42 5/16/88 . The Council discussed entering into closed session to discuss the Executive Director of the Redevelopment Agency. The Mayor pointed out that Glenda Saul, Executive Director of the Redevelopment Agency, has requested that any Council discussion concerning her position of Execu- tive Director, take place in open session, thus preclud- ing the Council from entering into a closed session dis- cussion on the Redevelopment Agency. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that effective immediately and until further notice, any and all communication or requests for assistance for legal advice from outside legal counsel, be handled through Senior Assistant City Attorney Dennis Barlow, that he be the first person contacted for any legal advice needed, and that he make the determination if outside counsel is needed. . REDEVELOPMENT AGENCY HIRING AND FIRING OF PERSONNEL - APPROVAL BY THE COUNCIL Council Member Estrada presented her recommendation that the hiring and firing of Agency personnel be subject to review of the Redevelopment Agency Committee and final approval of the Council. (RS-2) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that effective immediately, and until further notice, all hiring and firing of Redevelopment Agency staff be sub- ject to the review of the Redevelopment Agency Committee and final approval by a majority of the Commission. REDEVELOPMENT AGENCY INVESTMENT DISCUSSION Mayor wilcox stated that she has terminated the administrative leave of Glenda Saul, Executive Director of the Redevelopment AGency, and that Ms. Saul will re- turn to work on the afternoon of May 18, 1988. (RS-l) Members of the Counc i 1 expressed di spleasure wi th the Mayor's decision. The Mayor stated that there has been no illegal action on the part of any employee of the Agency and, therefore, is reinstating the Executive Director. . Dennis Barlow, Senior Assistant City Attorney, answered questions regarding his interpretation of the three paragraphs in the Redevelopment Agency Investment Policy that relate to making investments with local banks. In his opinion, a violation of policy occurred. 43 5/16/88 . Sandy Lowder, Deputy Director of the Redevelopment Agency, defended the actions of the Agency and stated that they did not negotiate an unauthorized contract with Astor Wood Investments. This investment action would have made an extra $100,000 for the City. The Council discussed the investments directed through Astor Wood and the fact that some of the money went to banks in Texas and Oklahoma, where the economy is in recession due to declining oil prices. Sandy Lowder explained how structured and stated that Astor of the $13,000,000. The money account. the Wood was investments were never had control held in a trust Jeff Kinsell of Miller and Schroeder explained the authority of the custodial bank which holds the funds. The bank only had the authority to release the funds for the purchase of CDs. He added that the recommendation to use a broker, Astor Wood, was for the purpose of max i- mizing the return to the Agency. All deposits were federally insured. . Mayor Wilcox requested a workshop Redevelopment Agency investment policy. to explain RECESS MEETING - CLOSED SESSION At 6: 00 p.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the Common Council recess to Closed Session pursuant to the following Government Code Sections: (55, 56, 57, 58 & S-l) 54957, to consider personnel matters; 54956.9 (b) (1), pending litigation, litigation; to confer with its attorney regarding as there is significant exposure to 59456.9(c), to confer with its pending litigation, so that the whether to initiate litigation; attorney regarding Council may decide 59456.9(a), to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: . City of San Management, I nc. Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court 44 5/16/88 . 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; City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Galindo, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCV 239959; Barratt, Inc., vs. City of San Bernardino - Superior Court Case No. 222765; Stubblefield Construction Company, et al vs. City of San Bernardino et al - San Bernardino Superior Court Case No. 232998; Kendall, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 233233; . City of San Bernardino vs. LaVannes Squires, et al - San Bernardino Superior Court Case No. SCV 230331; Highland Hills San Bernardino, et Case No. 241464; Homeowners Association vs. City of al San Bernardino Superior Court J. G. Golfing Enterprises vs. City of San Bernardino - San Bernardino Superior Court Case No. 230084; Orange Show Lincoln Mercury, et al vs. City of San Bernardino (RDA), et al - United States District Court Case No. 88-00367 RMT (GHKx); DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 214093; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 235420; Juan Manuel Sanchez vs. United States District Court (BX) ; City Case of San Bernardino No. CV87-2291 AWT Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087. . 45 5/16/88 . CLOSED SESSION At 6:00 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. Also present were: Dennis Barlow, Senior Assistant City Attorney and John Wilson, Deputy City Attorney. DEPUTY CITY ATTORNEY WILSON EXCUSED At 6:15 p.m., Deputy City Attorney Wilson left the Council Meeting. ADJOURN CLOSED SESSION At 6: 30 p.m Of the Closed Session adj ourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. . RECONVENE MEETING At 6: 30 p.m., the Regular Meeti ng reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. CONTINUANCE OF CLOSED SESSION ITEMS - KENDALL, ET AL VS. CITY - CABLES LAKES ASSOCIATES VS. CITY Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the closed session discussion concerning the cases of Ken- dall, et al vs. City and Cable Lakes Associates vs. C~ be continued to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held May 17, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (58 ) . 46 5/16/88 . USE OF VEHICLES SEIZED BY POLICE DEPARTMENT - REQUEST FOR PLACEMENT OF DISCUSSION ON AGENDA Council Member Pope-Ludlam made a motion to place an item on the Council Agenda to discuss the use of vehicles seized by the Police Department under the Asset For- feiture and Seizure laws. Mayor wilcox stated that a motion was not necessary, and instructed the Ci ty Clerk to place the i tern on the agenda for the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held May 23, 1988, in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. ADJOURN MEETING At 6:30 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously car- ried, that the meeting adjourn to 9:00 a.m., Tuesday, May 17, 1988, in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. . ~///ll/7~~// / City Clerk No. of Items: 74 No. of Hours: 8~ . 47 5/16/88