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HomeMy WebLinkAbout09-19-1988 Minutes City of San Bernardino, California . September 19, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:06 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. 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, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. . PRESENTATION - SERVICE PIN AWARDS Mayor Wilcox presented several employees with service pins for their years of service with the City. (B) PRESENTATION - KIWANIS CLUB OF GREATER SAN BERNARDINO - INTERNATIONAL AWARD - ESTABLISHING BLOOD BANK IN MEXICALI Thelma Press, Executive Director of Cultural and International Affairs, introduced Ray Quinto and Steve Smith, members of the Kiwanis Club of Greater San Bernardino, and explained that the club had received an international award for their assistance in helping to establish a blood bank in the Sister City of Mexicali. (B) Mr. Quinto explained the establishment of the blood bank in Mexicali and requested that the plaque be displayed for one year in City Hall,then be displayed permanantly on the north wall of Mitla Cafe, where the Kiwanis Club of Greater San Bernardino has met for over 20 years. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:17 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. . Steve Smith, President of the Kiwanis Club of Greater San Bernardino, presented the award to Mayor Wilcox. - 1 - 9/19/88 1 . APPROVE MINUTES - SEPTEMBER 6, 1988 Council Member Miller made a motion, seconded Council Member Pope-Ludlam, that the minutes of meeting of the Mayor and Common Council of the City of Bernardino held on September 6, 1988, be approved submitted in typewritten form. (1) by the San as The Council Miller. Abstain: motion carried by the following vote: Ayes: Members Flores, Maudsley, Minor, Pope-Ludlam, Noes: None. Absent: Council Member Estrada. Council Member Reilly. IMPROVEMENT OF GENEVIEVE STREET BETWEEN 50TH AND 54TH STREETS - INSTALLATION OF PAVING In a memorandum dated September 8, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that Genevieve Street was dedicated and improved between 50th Street and about 52nd Street by a subdivision. Four parcels have not been developed, and the City has started a program to secure the necessary right-of-way to provide sufficient paving to open the street to traffic. (4) . Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the transfer of $8,500 from Account No. 242-000-30405, "Unappropriated Reserve - Local Transportation Fund", to Account No. 242-362-57678, "Paving Genevieve Street - 50th to 54th Street" be approved; and the Director of Public Services be directed to place 12 feet of paving from centerline, in accordance with plans on file in the office of the City Engineer. TRAFFIC SIGNALS - "I" STREET AT RIALTO AVENUE AND SECOND STREET - DEL ROSA AVENUE AND DATE STREET - MODERNIZATION - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated September 7, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the modernization of traffic signals on "I" Street, at Rialto Avenue and Second Street, and Del Rosa Avenue and Date Street, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $95,500.00 (7) . Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the plans and specifications for modernization of traffic signals on "I" Street, at Rialto Avenue and Second Street, and Del Rosa Avenue and Date Street, in accordance with Plan No. 7351, be approved, that the Director of Public Works/City Engineer be authorized to advertise for bids; and that the amount of $27,500 be transferred from Account No. 242-000-30405, "Modification of Traffic - 2 - 9/19/88 f ~ Signals - "I" Street at Rialto Avenue and Second Street, and Del Rosa Avenue and Date Street." . SECCOMBE LAKE PARK - FINDINGS OF NEED FOR HEALTH & SAFETY REASONS - PHASE I-B In a memorandum dated September 1, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that Phase I-B in Seccombe Lake Park will consist of two ball fields, parking lots, a maintenance yard, landscaping and irrigation system. Construction of these improvements is necessary before Phase I-B of the park can be placed in service. (8) Council Member Miller Council Member Pope-Ludlam finding be made that the Park, Phase I-B, is needed made a motion, seconded by and unanimously carried, that a construction of Seccombe Lake for Health and Safety reasons. . SECCOMBE LAKE PARK - CONSTRUCTION OF PHASE I-B APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated September 8, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for construction of Phase I-B of Seccombe Lake State Urban Recreation Area have been prepared by the consultant, and the project is ready to be advertised for bids. The project consists of completing construction of the park up to Seventh Street. The total estimated project cost is $2,330,408. (9) Council Member Miller made a motion, Council Member Pope-Ludlam and unanimously the plans for construction of Phase I-B of Park, in accordance with Plan No. 7444 be that the Director of Public Works/City authorized to advertise for bids. seconded by carried, that Seccombe Lake approved; and Engineer be RELOCATION OF SEWER FACILITIES FOR CONSTRUCTION OF ROUTE 30, HIGHLAND AVENUE TO "H" STREET - APPROVAL OF CHANGE ORDER NO. 1 - BONADIMAN-MCCAIN. In a memorandum dated September 8, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that the relocation of sewer facilities is being performed under an agreement with Caltrans in order to facilitate the construction of the Route 30 extension. During construction, numerous unknown underground utilities were encountered and revisions to the plans were made as required to match existing field conditions and Caltrans' construction operations. (10) . Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that Change Order No. One to the contract with Bonadiman- McCain, Inc., for the relocation of sewer facilities for - 3 - 9/19/88 , . construction of Route 30, from Highland Avenue to "H" Street, in accordance with Plan No. 7116, be approved; and that the contractor be authorized to perform additional underground relocations for a net increase in the contract price of $7,344.82, from $422,859.00 to $430,203.82. REHABILITATION OF PAVEMENT OF HOSPITALITY LANE - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated September 8, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the rehabilitation of pavement on Hospitality Lane have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $179,000. (11) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the plans for rehabilitation of pavement on Hospitality Lane, from Waterman Avenue to Gage Canal, in accordance with Plan No. 7548, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. . STREET BANNER ON "E" STREET BRIDGE - SEPTEMBER 21 TO OCTOBER 6, 1988 - OCTOBER 18 - OCTOBER 3, 1988 - PUBLICIZING 1988 ARROWHEAD UNITED WAY FUND RAISING CAMPAIGN In a letter dated September 6, 1988, Terrie Jo Snyder, Director of Marketing & Communications, Arrowhead United Way, requested that the City co-sponsor the installation of a street banner on the "E" Street bridge from September 21 to October 6, 1988, and October 18 through October 31, 1988. The purpose of the banner is to publicize the 1988 Arrowhead United Way fund raising campaign. (12) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request for co-sponsorship with regard to the installation of a street banner on the "E" Street bridge from September 21 to October 6, 1988, and October 18 to October 31, 1988, for the purpose of publicizing the 1988 Arrowhead United Way fund raising campaign, be approved. CLAIMS AND PAYROLL Pursuant to a memorandum dated August 31, 1988, from Andrew Green, Acting Director of Finance, Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the claims and payrolls, and the authorization of the issuance of warrants listed by the Director of Finance, be approved. (15) . - 4 - 9/19/88 w . CITY RENTAL ASSISTANCE PROGRAM - RECEIPT OF $40,000 CHECK FROM SAN BERNARDINO PARK OWNERS ASSOCIATION In a memorandum dated September 7, 1988, Ken Henderson, Director of the Community Development Department, gave the background of the mobilehome park rental assistance program. He stated that it was agreed that the City and park owners would try to capitalize the proposed fund in the amount of $50,000. The City's share was set at $10,000 and the owners' share at $40,000. (2 ) Ken Henderson, Director of the Community Development Department, introduced Mr. Clay Hage, of the San Bernardino Park Owners Association, Sally Wilder who worked with the Mobilehome Park Ad Hoc Committee, and Kathy Kidley from the County of San Bernardino Community Services Department who will administer the City of San Bernardino Rental Assistance Program. Mr. Hage stated that the San Bernardino Park Owners Association and the Western Mobilehome Association are pleased to be involved in this event and stated he felt that the City has instituted a plan that will become a model for the rest of the State of California. . Mr. Hage introduced members of the San Bernardino Park Owners Association Executive Board: Joseph Korda, Jerry Jacobson, Bill Hanks, Robert Elias; and Jerry Conway, State Board of Directors for the Western Mobilehome Association. Council Member Flores made a motion, seconded by Council Member Minor and unanimOUSly carried, that the Mayor and Common Council accept a check for $40,000 from San Bernardino Mobilehome Park Owners Association as the parks owners' contribution to the City Mobilehome Park Rental Assistance Program. The check for $40,000 was presented to the City of San Bernardino. MOBILEHOME PARK RENTAL ASSISTANCE PROGRAM FUND - APPROPRIATION OF FUNDS FROM RENTAL REHABILITATION PROGRAM INCOME FUNDS In a memorandum dated September 3, 1988, Ken Henderson, Director, Community Development Department, gave the background of the rental assistance program fund. As a part of the capitalization of the Mobilehome Park Rental Assistance Program Fund, the Mayor and Common Council previOUSly agreed to contribute $10,000 in general fund revenues to the fund. (3) . Council Member Flores made a motion, seconded by - 5 - 9/19/88 'J 'I . Council Member Minor and unanimously carried, that the Mayor and Common Council appropriate $10,000 from its Rental Rehabilitation Program Income Funds as the City's contribution to the Mobilehome Park Rental Assistance Program Fund. Mayor Wilcox acknowledged Park Committee Task Force: Richard Elias (an alternate); M.O.R.E.; and from the Mayor's members of the Mobilehome Clay Hage; Pat Anderson; Sally Wilder, representing Office, Patty Gonzales. GARDEN STATE PAPER COMPANY - AUTHORIZATION TO TERMINATE MONTH TO MONTH RENTAL - 181 S. "G" ST. In a memorandum dated September 9, 1988, Roger Hardgrave, Director of Public Works/City Engineer, gave the background of the lease agreement between the City and Garden State Paper Co., for property located at 181 S. "G" Street. The lease expired on October 31, 1985. The Lessee has continued to occupy the premises on a month to month basis. Mr. Hardgrave explained that there has been damage to the building by the lessee, and recommended termination said rental within 90 days. (5) Mayor Wilcox answered questions, stating Redevelopment Agency staff has been instructed Garden State Paper Co. in relocating. that the to assist . Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the Real Property Section be authorized to terminate the month to month rental of the premises located at 181 S. "G" Street with Garden State Paper Co. with a 90-day Notice to lessee. VACATION OF ALLEYS BETWEEN 28TH STREET AND CAJON BLVD. - BETWEEN MEDICAL CENTER DRIVE AND CALIFORNIA STREET - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated May 20, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that due to the high crime rate in the Delmann Heights area, it was suggested by the Police Department that all alleys in the area be vacated, thus limiting access to the rear of the properties. If authorization to proceed is given, all property owners and occupants will be notified and given an opportunity to respond. (6) . Bernie Kersey, Director of Administration and Finance of the Water Department, stated that the vacation of the alley along Cajon Blvd. would create a significant problem for the Water Department, as there are water lines in that alley that serve the properties. If the alley were vacated, a utility easement of at least 20 feet would have to be maintained. - 6 - 9/19/88 ~ --l . Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the proposed actions regarding the vacation of the alleys located between 28th Street and Cajon Blvd., and Medical Center Drive and California Street, be continued to October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A discussion ensued regarding notification procedures. Acting City Administrator Robbins stated that in this instance, a mailing would be sent to all citizens involved to assure that all had been properly notified. SENIOR CITIZENS CENTER IN PERRIS HILL PARK - CHANGE ORDER NOS. 2 AND 3 - DELETION OF FOLDING PARTITIONS AND INSTALLA~ION OF KITCHEN EQUIPMENT - MCLAUGHLIN CONSTRUCTION, INC. In a memorandum dated August 25, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained the need for Change Order Nos. Two and Three to the contract with McLaughlin Construction, Inc., for the construction of the Senior Citizens Center in Perris Hill Park. (13) . Annie Ramos, Director of Parks, Recreation & Community Services Department, answered questions regarding cooking facilities in the various Sr. Citizens' facilities, stating that the new Perris Hill Center will be operated on the same basis as the Fifth Street facility. The employees are paid through a grant from the County Office of Aging. Additional people will be hired for cooking and serving at the Perris Hill facility. . Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that Change Order Nos. Two and Three to the contract with McLaughlin Construction, Inc., for the construction of Senior Citizens Center in Perris Hill Park per Plan No. 7298, be approved, authorizing the contractor to delete the folding partitions and install kitchen equipment deleted from the contract by Change Order No. One, for a net increase in contract price of $80,219.00, from $568,431.00 to $648,650.00. INSTALLATION OF RELIEF SEWER IN CIRCLE ROAD, NORTH OF EDGEHILL RD. - APPROVAL OF CHANGE ORDER NO. ONE - AUTHORIZE EXTRA WORK - GRBAVAC CONSTRUC- TION In a memorandum dated August 24, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained the need for Change Order No. One to the contract with M. Grbavac Construction for the installation of relief sewer in Circle Road, north of Edgehill Road. - 7 - 9/19/88 . .~~ . He explained that during excavation, the contractor hit a gas lateral line that was not shown on plans or otherwise marked. (14) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. One to the contract with M. Grbavac Construction for the installation of relief sewer in Circle Road, north of Edgehill Road, in accordance with Plan No. 7450, be approved, authorizing extra work due to an unknown utility interference, for an increase in the contract price of $949.01, from $32,520.00 to $33,469.01; and that the work be approved and accepted and that final payment in the amount of $3,388.90 (inclusive of contract Change Order No. One, in the amount of $949.01) be authorized at the expiration of the lien period. PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the Supplemental Personnel Action Form regarding the promotion of John Wilson to Sr. Deputy City Attorney, be continued to later in the afternoon. (See page 19) (16) . Police Chief Burnett answered questions regarding psychological testing of prospective law enforcement trainees, stating that he would ascertain if evaluations had been completed. He stated this must be done before the applicants can go to the Academy. which starts in October. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the Personnel Actions, as submitted by the Director of Personnel, be continued to later in the meeting. (See page 19) (16) RESOLUTIONS FROM BOARD OF BUILDING COMMISSIONS' MEETING - AUGUST 5, 1988 - CONTINUED FROM SEPTEMBER 6, 1988 This is the time and place continued to for consideration of resolutions from the Board of Building Commissioners' meeting of August 5, 1988. (17) Council Member Minor Council Member Miller, Commissioners' Resolution 1233, 1234 be filed. made a motion, seconded by that Board of Building Nos. 1229, 1230, 1231, 1232, . The motion carried by the following vote: Council Members Reilly, Flores, Maudsley, Minor, Noes: None. Absent: Council Member Estrada. Council Member Pope-Ludlam. Ayes: Miller. Abstain: - 8 - 9/19/88 . PUBLIC HEARING - ALLEGED IMPROPRIETIES OF FILLING CODE COMPLIANCE OFFICER POSITION This is the time and place set for a pUblic hearing to consider the alleged improprieties with the filling of a Code Compliance Officer position in 1987, as filed by James C. Clark. (18) In a memorandum dated September 8, 1988, James C. Richardson, Deputy City Administrator Development Services, stated that Mr. Clark had filed an appeal to an administrative decision concerning the appointment of a Code Compliance (Enforcement) Officer, and set forth the background information. Mayor Wilcox opened the hearing. City Attorney Penman stated that this matter may be heard in Closed Session pursuant to Government Code Section 54957, which is Item 72 on the agenda. He explained that there is a loophole in the Civil Service Rules which permitted this matter to come before the Mayor and Common Council. At 9:53 a.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be recessed to a Closed Session pursuant to Government Code 54957 to consider personnel matters. . CLOSED SESSION At 9:53 a.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (18, 72) ROLL CALL Roll Call was taken with the fOllowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, Acting City Administrator Robbins, City Clerk Clark. Absent: Council Members Estrada, Pope-Ludlam. CITY City replaced CLERK CLARK EXCUSED Clerk Clark left the Closed by Deputy City Clerk Reese. Session and was Also present: Deputy City Administrator - Development Services Richardson; Civil Service Examiner DeFratis; Director of Building & Safety Sutton; Director of Personnel Johnson; Ed Lehman, representing James Clark; James Clark. . ADJOURN CLOSED SESSION At 10:15 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the - 9 - 9/19/88 . - ~,.",,";- . Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 10:16 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by 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, Acting City Administrator Robbins. Absent: Council Member Estrada. PUBLIC HEARING - ALLEGED IMPROPRIETIES WITH THE FILLING OF CODE COMPLIANCE OFFICER - JAMES CLARK Mayor Wilcox stated that James Clark requested that the hearing concerning the filling of a Code Compliance Officer be continued to November 21, 1988. (18) Council Member Flores made a motion, seconded by Council Member Minor, that the pUblic hearing regarding alleged proprieties with the filling of Code Compliance Officer be continued to November 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . The motion carried by the Council Members Reilly, Flores, Noes: None. Absent: Council Council Member Pope-Ludlam. following vote: Maudsley, Minor, Member Estrada. Ayes: Miller. Abstain: PUBLIC HEARING - PROPOSED ORDINANCE REGARDING THE PREVENTION OF SALE OF HARMFUL MATERIALS TO MINORS This is the time and place set to consider a proposed ordinance adding Chapter 9.70 to the San Bernardino Municipal Code to prevent the sale to minors of harmful materials in public places. (Newsrack ordinance) (19 ) In a memorandum dated August 18, 1988, Assistant City Attorney Brue outlined the provisions of the proposed ordinance. Mayor Wilcox opened the hearing. City Clerk Clark stated that no protests had been received. . City Attorney Penman explained that changes had been made in the ordinance and requested that the title be amended by interdelineation to read as follows: - 10 - 9/19/88 . ,,.,,;-... ""'"'-~"'1 ,-'C" ""..- . e,".' , . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.70 TO THE SAN BERNARDINO MUNICIPAL CODE TO PREVENT THE SALE TO MINORS OF HARMFUL MATERIALS IN PUBLIC PLACES. FIRST Mr. page 1, prevent Penman also recommended the following change on line 17: after the word "machine", insert "to any minor from purchasing said harmful matter". Sherri Tuckett, 25474 Lynwood Dr., stated that the ordinance has nothing to do with the First Amendment, but is for control and regulation of harmful materials to minors. She urged the Council to vote "yes" on the proposed ordinance, to protect children in the community from harmful materials. Ms. Tuckett stated that newsracks displaying these harmful materials are located in front of the Del Rosa Post Office, and can be viewed by any minors walking by. She stressed that the City should maintain standards of decency. Ms. Tuckett presented a petition regarding regulating these harmful materials to City Clerk Clark. . Police Chief Burnett stated he had been involved in the meetings regarding problems with harmful materials, and felt that this ordinance would provide an effective solution. City Amendment this type from such Attorney Penman explained that the First provides that you can't prohibit the sale of of materials. However, minors can be protected materials. Mr. Penman explained that Sr. Assistant City Attorney Barlow had done a great deal of research on this issue and suggested the requirement that an adult be stationed within 50 feet of the vending machine to prevent any minor from purchasing this material. Mr. Penman stated he did not know of any cases that would prevent this, but that it would be a matter to be tested in court. Mr. Penman explained they had been very careful in defining what is "harmful material" and referred to the Penal Code definition in Section 313, which was incorporated into the proposed ordinance. He also explained provisions that protect the property of the vendor by giving proper notice of City actions. City Attorney Penman answered questions regarding enforcement. . - 11 - 9/19/88 . :7-'J1.l: "i.:;'.',. ,.- .-', -~-- -'1'3"' --"",~'nY';> --~r'; . Police Chief Burnett answered questions regarding identification and notification to owners of newsracks. City Attorney Penman read Penal Code Section 313 regarding harmful matter. City Attorney Penman answered questions notification of news rack owners prior to the the proposed ordinance. regarding passage of City Attorney Penman answered questions regarding the use of State law rather than a local ordinance regarding harmful matter. He stated that the District Attorney's Office does not have sufficient staff to handle this type of case when there are numerous crimes of a more serious nature to prosecute. Ms. Tuckett stated that the Postal officials had told her that the City is responsible for the newsracks, as the sidewalks are City property. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed. City Clerk Clark read the title of the ordinance. . Council Member Pope-Ludlam Council Member Miller, that ordinance be waived and said final passage. made a motion, seconded further reading of ordinance be laid over by the for City Clerk Clark expressed concern over the enforcement of the ordinance and explained that the news rack may be owned by persons other than those who own the newspapers, and various newspapers can be contained in various units in the same newsrack. This makes identification and regulation difficult. The motion Council Members Council Members Estrada. carried by the following vote: Reilly, Minor, Pope-Ludlam, Miller. Flores, Maudsley. Absent: Council Ayes: Noes: Member 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 "D" Street, San Bernardino, California. . - 12 - 9/19/88 . 88-350 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO INSURANCE COVERAGE. (R-13) City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 88-350 was adopted vote: Ayes: Council Members Reilly, Minor, Pope-Ludlam, Miller. Noes: None. Member Estrada. by the following Flores, Maudsley, Absent: Council JOINT PUBLIC HEARING - YWCA This is the time and place set for a pUblic hearing to consider negotiations among the YWCA, City of San Bernardino and the Redevelopment Agency of the City of San Bernardino regarding property located at 566 N. Lugo Street. (R-15) . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, to continue the joint public hearing regarding property located at 566 N. Lugo Street to Monday, October 3, 1988, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 88-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO AFFIRMING THE ACTIVE PARTICIPATION IN, AND THE ENCOURAGEMENT OF, MAXIMUM LOCAL SUPPORT OF THE JOINT-VENTURE FOR AFFORDABLE HOUSING IN THE COMMUNITY. (Program participa- tion with U. S. Department of Housing and Urban Development and Dukes-Dukes and Assoc.) (33) City Clerk Clark read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolution be waived. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 88-351 was adopted vote: Ayes: Council Members Reilly, Minor, Pope-Ludlam, Miller. Noes: None. Member Estrada. by the fOllowing Flores, Maudsley, Absent: Council - 13 - 9/19/88 . RECESS MEETING TO MANAGEMENT INFORMATION CENTER (MIC) - DISCUSSION OF CLOSED SESSION LITIGATION ITEMS At 1:22 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed to a luncheon workshop in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. WORKSHOP - CLOSED SESSION LITIGATION ITEMS At 1:30 p.m., the Workshop to discuss Closed Session Litigation Items was called to order by Mayor Wilcox in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (59 ) ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada. Mayor Wilcox showed type of refuse collection Services Department. a video tape regarding the new trucks to be used in the Public . RECESS WORKSHOP TO CLOSED SESSION At 1:42 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the workshop recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (76) Cable Lake San Bernardino 239649; Association vs. City of San Bernardino- Superior Court Case No. 239714 and Case No. Stubblefield Construction Company, et al YS. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez YS. City of San Bernardino United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown YS. City of San Bernardino - San Bernardino Superior Court Case No. 243087; . Sock Dawson, et al YS. City of San Bernardino, et al - United States District Court - Case No. SA 88-461 AHS (RWRx) - 14 - 9/19/88 's" 111!'" . Galindo, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCV239959; Deshawn LaRue Wolley vs. City of San Bernrdino, et al - San Bernardino Superior Court Case No. 228789; John McPhail vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242582; William vs. Clark, et al - San Bernardino Superior Court Case No. 239714. CLOSED SESSION At 1:42 p.m., the Closed Session was called to order by Mayor Wilcox in the Management Information Center (MIC), 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 Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada. . Also Scroggin, Office. present: Deputy City Operations Supervisor Attorney Roth, Margaret in the City Attorney's RECESS CLOSED SESSION At 2:10 p.m., Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Closed Session recess to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:25 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. . DISCUSSION OF AND RECOMMENDATION OF SCAG'S REGIONAL HOUSING NEEDS ASSESSMENT In a memorandum dated September 13, 1988, Michael W. Loehr, Interim Planning Director, explained that the Southern California Association of Governments (SCAG) is required by State Housing Law to identify existing and - 15 - 9/19/88 ,. . future housing needs every five years. Mr. Loehr stated that while the City recognizes its responsibility to provide housing for all economic segments of the community, the constraints associated with available land will make it difficult to reach the goal established by SCAG. (68) Valerie Ross, Sr. Planner, presented a comprehensive report on the housing requirements specified by SCAG. She stated that by the year 2010, it is anticipated there will be approximately 5,000,000 additional people in the six county area, of which San Bernardino County is a part. SCAG has determined certain housing requirements for various time periods. The number of new units recommended for the City of San Bernardino by the date July 1, 1994 is approximately 10,000. . Ms. Ross stated that the Planning Staff had reviewed the SCAG document and expressed their concern that the City cannot reach that goal, based on available and suitable sites. She also pointed out constraints in the City, such as faults, fire and high winds in the foothill areas, lack of infrastructure and insufficient public facilities in the Verdemont area, as well as liquefaction in other areas. Ms. Ross stated the SCAG figures are not mandatory, but a goal to strive for. Ms. Ross stated the CAC and a sub-committee of the Planning Commission had considered this issue and recommended a "revision", not a "reduction", as a reduction might require the establishment of a new figure, which they are not ready to do. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting and was replaced by Deputy City Attorney Empeno. Ms. Ross answered questions of the Council. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Council direct the Mayor to send a letter to the Southern California Association of Governments requesting a revision in the City's share of the Regional Housing Needs Assessment. . APPEAL - DENIAL OF REVIEW OF PLANS NO. 88-60 _ MULTI-TENANT RETAIL BUILDING - NORTHEAST CORNER OF WATERMAN AND HOSPITALITY LANE - M. S. PARTNERSHIP This is the time and place set to hear an appeal filed by Michael Palmer & Associates, representing M. S. Partnership on the denial of Review of Plans No. 88-60 by the Development Review Committee and the Planning - 16 - 9/19/88 . Commission for construction of a multi-tenant retail building. The location of the proposed development is the northeast corner of Waterman Avenue and Hospitality Lane. The denial was based on failure to meet setback requirements, insufficient parking and dangerous circulation both on and off-site. (69) In a memorandum dated August 31, 1988, Michael Loehr, Interim Planning Director, gave the background of the proposed development and stated that the subject parcel was created as the result of condemnation procedures commenced by the City on July 18, 1985. The City condemned land adjacent to and south of this site to construct the westerly extension of Hospitality Lane to connect with Waterman Avenue. on March 12, 1987, the case concluded with a judgment that the City pay the property owner $418,000. Mr. Loehr further stated parcel is unbuildable due to in his memorandum that the setback requirements. Mayor Wilcox opened the hearing. John Montgomery, Sr. Planner, explained the proposed development and reasons for denial. . Attorney W. R. Holcomb, representing the appellant, encouraged the City to find a way to make this property buildable, rather than leaving it a blighted, undeveloped parcel at the economic heart and entrance of the City. Mr. Holcomb stated this could be a viable piece of property if the City is willing to accept the San Bernardino County Flood Control analysis of a setback requirement, which they established at 28 feet, rather than the 100 foot setback required by the City. Certain other conditions would have to be considered, such as a certain type of foundation, and landscaping. Mr. Holcomb stated he had spoken with Council Member Estrada, who had indicated she would be willing to work out some of the difficulties in this project. He requested that the Council either continue the matter until Council Member Estrada is present; send back to staff with instructions to work it out; or send to some appropriate committee. A discussion ensued regarding other problems of the proposed project, especially traffic circulation. . Mr. Holcomb stated that these other problems can be worked out, and expressed his opinion that the requirement of a 100 foot setback is arbitrary and unreasonable. - 17 - 9/19/88 . . John Montgomery, Sr. Planner, answered stating that the setback requirement is mitigation by the Public Works Department. questions, a standard Council Member Reilly made a motion, seconded by Council Member Miller, that the appeal on Review of Plans No. 88-60 be continued to October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Council Council Estrada, motion carried by the following vote: Members Reilly, Flores, Minor, Miller. Member Maudsley. Absent: Council Pope-Ludlam. Ayes: Noes: Members APPEAL - STANDARD REQUIREMENT CONDITION NO. 41 - TENTATIVE TRACT NO. 13457 - STORM WATER DRAINAGE FEE This is the time and place set to hear an appeal filed by Forecast Development, regarding Standard Requirement Condition No. 41 for Tentative Tract No. 13457, which requires the developer to pay a storm water drainage fee. The project is located at the south side of Mill Street, east of Meridian and the Southern Pacific Railroad Right-of-Way. (70) . It was stated that Forecast Development had asked for a continuance. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the appeal regarding Standard Requirement Condition No. 41 for Tentative Tract No. 13457, be continued to October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INTERIM POLICY DOCUMENT CONSISTENCY PROCEDURE - APPROVAL In a memorandum dated August 30, 1988, Michael Loehr, Interim Director of Planning, explained that pursuant to a letter from the State Office of Planning and Research (OPR), dated July 1, 1988, the Planning Department has worked with the Public Works and Building and Safety Departments to formulate a coordinated consistency procedure which would control all stages of development. The City Attorney's Office reviewed the procedure and stated that formal approval of the procedure was necessary. (71) John Montgomery, Sr. Planner, presented the background regarding the IPD Consistency Procedure. . Mr. Montgomery answered questions regarding the appeal process, stating that normal appeal procedures were - 18 - 9/19/88 ---~~~----- ---T---------~--- . provided through the Development Review Committee, the Planning commission and the Mayor and Common Council. Deputy City Attorney Empeno stated that the City Attorney's Office agreed with Mr. Montgomery in terms of the appeal procedures involved. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Council approve of the attached Interim Policy Document Consistency Procedure. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN THE MEETING (See Page 8) Council Member Minor made a motion, seconded by Council Member Maudsley 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, with the exception of No. 26. (16) COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of resolutions on the Council Agenda. all the Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting. COMBINATION OF RESOLUTION NOS. 28 AND 40 City Attorney Penman explained that Resolution Nos. 28 and 40 had been combined to provide for the proper codification of the provisions of the resolution being amended. RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE DESIGN REVISION TO THE ROUTE 30/330 INTERCHANGE BY ELIMINATING ACCESS AT PACIFIC STREET AND CREATING ACCESS AT CENTRAL AVENUE. (Continued from September 6, 1988) (20) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said - 19 - 9/19/88 !!!" . resolution be continued Council Chambers of City Bernardino, California. to October 17, Hall, 300 North 1988, in the "D" Street, San RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT 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. (Continued from September 6, 1988) (21) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to later in the afternoon. (See page 44) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from September 6, 1988) (22) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be tabled. . COUNCIL MEMBER POPE-LUDLAM RETURNED At 3:25 p.m., Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RES. 88-352 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE SAN BERNARDINO COMMUNITY AGAINST DRUGS RELATING TO FUNDING FOR THE FISCAL YEAR 1988-1989. (Continued from September 6, 1988) (23) Jeri Simpson, President and Chief Executive Officer of the San Bernardino Community Against Drugs, answered questions regarding funding. She stated that the City has provided funding in the amount of $44,500. That amount is subsidized with fund raisers, and grants and donations from community groups and individuals. Ms. Simpson stated that the organization is not a member of Arrowhead United Way. . Carl Clemmons, a member of the Board of Directors of the San Bernardino Community Against Drugs, urged members of the Council to read the material that was distributed to them regarding the work that is being done in the fight against drugs. - 20 - 9/19/88 . Council Member Miller made a Council Member Pope-Ludlam, that adopted. motion, seconded said resolution by be Resolution No. 88-352 was adopted vote: Ayes: Council Members Reilly, Minor, Pope-Ludlam, Miller. Noes: None. Member Estrada. by the following Flores, Maudsley, Absent: Council RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO ANGELICA RENTAL GROUP FOR THE FURNISHING AND DELIVERY OF UNIFORMS (CITY WIDE) IN ACCORDANCE WITH BID SPECIFI- CATION F-89-08. (Continued from September 6, 1988) (23a) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to October 3, 1988. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY ADMINIS- TRATOR. (24) . Council Member Minor Council Member Maudsley and resolution be continued to page 44) RES. 88-353 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PRC PUBLIC MANAGEMENT SERVICES, INC., RELATING TO CONSULTING SERVICES FOR THE CONVERSION TO THE POLICE RECORDS MANAGEMENT SYSTEM. (25) made a motion, seconded by unanimously carried, that said later in the afternoon. (See Acting City questions regarding management system. Administrator the Police Robbins Department answered records Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-353 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. . - 21 - 9/19/88 .. . RES. 88-354 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AUTHORIZING THE EXECUTION AND DELIVERY OF A LIABILITY RISK COVERAGE AGREEMENT AND THE FILING OF VALIDATION PROCEEDING AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. (BICEP) (26) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-354 was vote: Ayes: Council Members Minor, Pope-Ludlam, Miller. Council Member Estrada. adopted Reilly, Noes: by the Flores, None. following Maudsley, Absent: RES. 88-355 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . OF THE CITY OF SAN BERNARDINO": BY INCREASING THE NUMBER OF DEPUTY CITY ATTORNEYS FROM 4 TO 5 IN THE CITY ATTORNEY'S DEPARTMENT AND ADDING UNDER THE CLASSIFICATION TITLE "SR. DEPUTY CITY ATTORNEY". (27) . City Attorney Penman answered questions, stating that this resolution deletes the contract attorney position and adds an additional position of Deputy City Attorney. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-355 was adopted vote: Ayes: Council Members Reilly, Minor, Pope-Ludlam, Miller. Noes: None. Member Estrada. by the following Flores, Maudsley, Absent: Council RES. 88-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO..6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. . ." BY ADDING THE POSITIONS OF DATA SYSTEM OPERATOR AT RANGE 3086 ($1467-1789/MO.), DATA PROCESSING COORDINATOR AT RANGE 3124 ($2346-2860/MO.) and SR. DEPUTY CITY ATTORNEY AT RANGE 3178 ($4570- 5566/MO) EFFECTIVE SEPTEMBER 20, 1988. (28, 40) . City Attorney Penman explained that resolutions 28 and 40 had been combined to assist in the codification of Resolution No. 6413. - 22 - 9/19/88 If . Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-356 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. Council Member Minor made a motion, seconded by Council Member Flores, that the following resolutions be adopted: RES. 88-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SEQUOIA PACIFIC SYSTEMS CORPORATION RELATING TO ELECTION SUPPLIES AND SERVICES FOR THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 1989. (29) RES. 88-358 - 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 PUBLIC NUISANCES. (1575 Citrus, 5055 David Way, 230 E. Dumas St., 1701 Genevieve, 151 S. "I" Street, 625 S. Mountain View) (30) . RES. 88-359 - 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 PUBLIC NUISANCES. (243 E. 48th Street, 268 S. Allen Street, 851 E. Mill Street, 138 E. Olive, 838 San Jacinto Avenue) (31) Resolution Nos. 88-357, 88-358, and 88-359 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. RES. 88-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CHARLES GANN FOR DEMOLITION AND CLEARANCE OF RESIDENTIAL STRUCTURES LOCATED AT 1263 NORTH MT. VERNON AVENUE (EIGHT [8] APARTMENTS), SAN BERNARDINO, CALIFORNIA. (32) . A discussion ensued regarding the lack of affordable housing in San Bernardino, and that the demolition of many of these apartment complexes creates vacant lots which are used for dumping trash. City Attorney Penman explained that the City did not request this demolition. The owner requested it because - 23 - 9/19/88 I' x . it was not economically feasible to rehabilitate the apartments. Ken Henderson, Department, answered funds for assistance use. Director, Community Development questions regarding the use of CDBG in demolitions, stating it is a valid Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-360 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: Council Member Estrada. Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: . RES. 88-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $35,580 FOR THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE PERIOD OCTOBER 1, 1988, THROUGH SEPTEMBER 30, 1989. (34) RES. 88-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMEND- MENT NO. 5 TO THE AGREEMENT WITH THE SAN BERNAR- DINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD AND INCREASE THE STUDENT LUNCHES TO NINETY CENTS EACH AND STU- DENT SNACKS TO TWENTY-FIVE CENTS. (35) Resolution No. 88-361 and 88-362 were following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Miller. Absent: Council Member Estrada. adopted by the Reilly, Flores, Noes: None. Council Member Miller made a motion, seconded by Council Member Flores, that the fOllowing resolutions be adopted: . - 24 - 9/19/88 . RES. 88-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. . ." BY PROVIDING A PAY INCREASE FOR THE PART-TIME HEADSTART CLASSES OF TEACHER/DIRECTOR FROM $8.2800/HR. TO $8.7700/HR.; TEACHER FROM $7.5400/HR. TO $8.000/HR.; TEACHER/AIDE FROM $4.5700\HR. TO $4.8600 HR. AND TYPIST CLERK FROM $4.5700/HR. TO $4.8600/HR. EFFECTIVE SEPTEMBER 7, 1988. (36) . RES. 88-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION No. 6433 ENTITLED IN PART "A RESOLUTION . . . CREATING AND ESTAB- LISHING POSITIONS FOR THE VARIOUS DEPARTMENT OF THE CITY OF SAN BERNARDINO"; BY CREATING THE POSITIONS OF CODE COMPLIANCE SUPERVISOR, SENIOR CODE COMPLIANCE OFFICER, AND TYPIST CLERK III AND INCREASING THE NUMBER OF CODE COMPLIANCE OFFICERS FROM 3 TO 6. (37) RES. 88-365 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREATING AND ESTAB- LISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY CREATING THE POSITION OF ADMINISTRATIVE OPERATIONS SUPERVISOR II AND CHANGING THE NUMBER OF PERSONNEL ASSIS- TANTS FROM 2 TO 1. (38) RES. 88-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO". (39) Resolution Nos. 88-363, 88-364, 88-365, and 88-366 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: . - 25 - 9/19/88 If . RES. 88-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 EN- TITLED IN PART "A RESOLUTION . . . ESTABLISHING . . . EMPLOYER-EMPLOYEE RELATIONS. . ."; BY ADDING THE POSITIONS OF DATA SYSTEM OPERATOR, DATA PROCESSING COORDINATOR, AND SENIOR DEPUTY CITY ATTORNEY TO THE CONFIDENTIAL GROUP EFFEC- TIVE SEPTEMBER 20, 1988. (41) RES. 88-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 EN- TITLED IN PART "A RESOLUTION . . . ESTABLISHING . . . EMPLOYER-EMPLOYEE RELATIONS . . ." BY DELETING THE POSITION OF REAL PROPERTY ENGINEER FROM THE MANAGEMENT GROUP. (42) RES. 88-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 EN- TITLED IN PART "A RESOLUTION . . . ESTABLISHING . . . EMPLOYER-EMPLOYEE RELATIONS. . ."; BY ADDING THE POSITION OF REAL PROPERTY SUPERVISOR EFFECTIVE SEPTEMBER 20, 1988. (43) Resolution Nos. 88-367, 88-368, 88-369 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. . Council Member Maudsley made a motion, seconded by Council Member Flores, that the following resolutions be adopted: RES. 88-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. . ."; BY ADDING THE CLASSIFICATION OF REAL PROPERTY SUPERVISOR AT RANGE 2145 ($2755-3708/MO.) (44) RES. 88-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE CITY OF SAN BERNARDINO HEALTH CARE PREMIUM PAYMENT PLAN. (45) RES. 88-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUPERINTENDENT OF PUBLIC BUILDINGS/PARKING CONTROL TO CANCEL CERTAIN UNCOLLECTIBLE PARKING CITATIONS. (46) RES. 88-373 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF MEYERS ROAD, WEST OF LITTLE LEAGUE DRIVE. (47) . - 26 - 9/19/88 . RES. 88-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADlMAN- MC CAIN, INC., FOR CONSTRUCTION OF A RELIEF SEWER IN MILL STREET, EAST OF LYTLE CREEK TO MT. VERNON. (48) Resolution Nos. 88-370, 88-371, 88-372, 88-373, 88-374 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. RES. 88-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE VANCE CORPORATION FOR WIDENING RAILROAD GRADE CROSSING NO. 2U-4.2 ON TIPPECANOE AVENUE, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (49) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted, and that the transfer of $10,000 from Account No. 242-362-5737, "Signals-Mt.Vernonl Rialto to Tenth" to Account No. 242-362-57363, "Tippecanoe Avenue Grade Crossing", be approved. Resolution No. 88-375 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. . RES. 88-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO FOUR-WAY CONSTRUCTION, INC. FOR CONSTRUCTION OF A SEWER IN AN EASEMENT NORTH OF TWENTIETH STREET, FROM "D" STREET 266' EASTERLY. (50) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be amended by interdelineation by changing "G" to "D" in the title and body of the resolution (line 2 1/2) and line 7 1/2 on page 1, and that said resolution be adopted as amended. Resolution No. 88-376 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. Abstain: Council Member Maudsley. RES. 88-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EXTENSION OF TERM OF LEASE WITH THE SEDLAK FAMILY TRUST RELATING TO A ONE YEAR EXTENSION OF THE TERM FOR THAT CERTAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY. (51) . - 27 - 9/19/88 I' . Council seconded by adopted. Member Member Pope-Ludlam made a motion, Council Member Minor, that said resolution be Resolution No. 88-377 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. MAYOR WILCOX EXCUSED - POSSIBLE CONFLICT OF INTEREST Mayor Wilcox stated she would leave the meeting prior to the reading of the ordinances, due to a possible conflict of interest, and Council Member Miller assumed the duties of Mayor Pro Tempore. COUNCIL Council Meeting. MEMBERS REILLY, MAUDSLEY EXCUSED Members Reilly, Maudsley left the Council READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the qrdinances on the Council Agenda. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that final reading of the following ordinances be waived. . ORD. MC-637 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 5.04.525 SUB- SECTION E OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE TEMPORARY EMPLOYMENT SER- VICES UNDER WHOLESALERS FOR BUSINESS LICENSE PURPOSES. (52) City Clerk Clark answered questions and explained that this ordinance was written to correct an inequity that exists regarding business license fees. She stated that her office had received two written complaints concerning the definition of gross receipts for businesses. Council Member Minor made a motion, seconded by Council Member Flores, that said ordinance be adopted. Ordinance MC-637 Ayes: Council Members Noes: None. Absent: Maudsley. was adopted by the fOllowing vote: Flores, Minor, Pope-Ludlam, Miller. Council Members Estrada, Reilly, COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. - 28 - 9/19/88 . Council Member Minor made a motion, Council Member Flores, that the following adopted. seconded by ordinances be ORD. MC-638 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 3.16.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POWER OF CITY ADMINISTRATOR AND ADDING SEC- TION 3.16.060 RELATING TO CLAIMS REVIEW COMMITTEE AND SECTION 3.16.070 RELATING TO FUNCTION OF CLAIMS REVIEW COMMITTEE. (53) ORD. MC-639 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTIONS 6.24.010 THROUGH 6.24.060; AND 6.24.170 THROUGH 6.24.180 AND REPEALING SECTION 6.24.080 OF THE SAN BERNAR- DINO MUNICIPAL CODE ESTABLISHING YEAR TO DATE AND MULTI-YEAR DOG LICENSING. (54) Ordinance Nos. MC-638, MC-639 were following vote: Ayes: Council Members Minor, Miller. Noes: None. Absent: Estrada, Maudsley, Pope-Ludlam. adopted by the Reilly, Flores, Council Members . MAYOR WILCOX RETURNED Mayor Wilcox returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBERS MAUDSLEY, POPE-LUDLAM Council Members Maudsley, Pope-Ludlam Council Meeting and took their places Table. RETURNED returned at the to the Council TRAFFIC SYSTEMS FEE - RETAIL COMMERCIAL DEVELOPMENT - SOUTHEAST CORNER OF WATERMAN AVENUE AND THIRD STREET - MERICKEL DEVELOP- MENT - REQUEST FOR WAIVER In a memorandum dated August 23, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that Merickel Development requested a waiver of the Traffic Systems Fee for Building "A" of their retail/commercial development located at the southeast corner of Waterman Avenue and Third Street because of time factors. Mr. Hardgrave stated that the advertisement of the proposed fee was adequate and did not recommend a waiver based on lack of notification. (67) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request for a waiver of traffic systems fee for retail commercial development at the southeast corner of Waterman . - 29 - 9/19/88 .-- . Avenue and continued to City Hall, California. Third Street by Merickel Development be October 3, 1988, in the Council Chambers of 300 North "D" Street, San Bernardino, MILES VICTORIAN HOUSE - HISTORICAL STRUCTURE In a memorandum dated September 15, 1988, Ken Henderson, Director, Community Development Department, explained the background of the negotiations regarding the Miles Victorian House, 439 Eighth Street. The Community College District purchased the Miles House land with the intention of developing the lot for District parking. Since that time, several questions have been raised concerning the fate of the house and the possibility of maintaining it as a historic site in the City. (R-17) Mr. Henderson presented four consideration in working out a solution the Miles House as follows: alternatives for to the problem of 1. Restore house at present site. is $496,000. The estimated cost 2. Move house and restore at alternate site. The estimated cost is $392,000 $415,000, depending on distance and route to new location. . 3. Hire structural engineer to determine feasibility of moving house. Estimated cost is $5,000. 4. Demolition of house. Estimated cost is $88,000. 5. Eminent Domain. Estimated cost is $80,000, plus unknown administrative expenses. Mr. Henderson explained that all five alternatives include the purchase of the Heritage House parking lot, in order to retain lot for current use. City Attorney Penman answered questions regarding the alternative of Eminent Domain. Mr. Henderson answered questions regarding a historical designation if the house were moved to another location. . Chuck Beeman, President of the Board of Trustees of the San Bernardino Community College District, stated the Board would do everything it could to work with the City in finding a way to preserve the Miles House. He agreed that the house ~s an important part of the historical heritage of San Bernardino. However, the District is committed to taking definite action on September 26, 1988, and requested that the City make a - 30 - 9119/88 , , . decision prior to that date. He stated that the District has spent $150,000 on their present location and it is vital that they have additional parking. Mr. Henderson emphasized the importance of maintaining the parking spaces that are now available in the Heritage House parking lot. Mr. Marshall Miles, former owner of the Miles house, stated he hoped the City would take the house and convert it into a museum. If this could not be done, he would prefer any alternative that would prevent its being demolished. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the City hire a structural engineer to determine the feasibility of moving the Miles house to another suitable location, at a maximum cost of $5,000.00 Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the City explore the possibility of purchasing the Heritage House parking lot at an estimated cost of $80,000.00 Mr. Henderson stated that additional funds will have to be identified from sources other than Community Development funds in order to complete this project. . COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. AYSO SOCCER PARK - PACIFIC AND ORANGE - REQUEST FOR FINANCIAL SUPPORT - CONTINUED FROM SEPTEMBER 6, 1988. This is the time and place continued to for consideration of a request from Roger Itaya, Regional Commissioner of the American Youth Soccer Organization for financial support and ballfield maintenance of the AYSO Park located at Pacific and Orange Streets. (55) At the meeting of September 6, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, stated In a memorandum dated August 12, 1988, the amount of costs lncurred by the City in maintaining the AYSO soccer fields. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the request for financial support and ballfield maintenance for AYSO be continued to October 3, 1988, in the Council Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. . - 31 - 9/19/88 .. . COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. HISPANIC CHAMBER OF COMMERCE - EMPLOYMENT PREPAREDNESS PROJECT - AUTHORIZATION TO CLOSE FUND AND TRANSFER MONIES - CONTINUED FROM SEPTEMBER 6, 1988 This is the time and place set to consider authorization to close out FY 1987/88 CDBG funded Hispanic Chamber of Commerce "Employment Preparedness" project and transfer of funds in the amount of $22,285.50. (56) At the meeting of September 6, 1988, in a memorandum dated August 17, 1988, Ken Henderson, Director of Community Development, described the conditions of funding provided to the Hispanic Chamber of Commerce for an Employment Preparedness project. Various attempts by the City to have the conditions of funding met by the Hispanic Chamber of Commerce have received no response. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter regarding the Hispanic Chamber of Commerce "Employment Preparedness" project be continued to October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. BOARD OF WATER COMMISSIONERS - AUTHORIZATION TO ACT AS RECEIVER FOR AND SERVE WATER TO CARDIFF FARMS MUTUAL WATER COMPANY - CONTINUED FROM SEPTEMBER 6, 1988 This is the time and place consideration of authorizing the Commissioners to act as receiver for Cardiff Farms Mutual Water Company. continued to for Board of Water and serve water to (57 ) At the meeting of September 6, 1988, in a memorandum dated August 25, 1988, Bernard Kersey, Director of Administration and Finance, Water Department, stated that the County of San Bernardino Environmental Health Department had requested the Water Department to act as a court-appointed receiver for Cardiff Farms Mutual Water Company, Superior Court Case No. 244293. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Board of Water Commissioners be authorized to act as receiver for, and serve water to Cardiff Farms Mutual Water Company. . - 32 - 9/19/88 -~-~-------- COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . COUNCIL MEMBER Council Member and took his place MINOR RETURNED Minor returned to the at the Council Table. Council Meeting STORM DRAIN - DEL ROSA AVENUE, FROM FOOTHILL TO BONITA VISTA DRIVES - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT - DRAINAGE PROBLEM ON LA HACIENDA - CONTINUED FROM AUGUST 15, 1988 This is the time and place continued to for consideration of a Negative Declaration and Finding of consistency with the Interim Policy Document and installation of a storm drain in Del Rosa Avenue from Foothill Drive to Bonita Vista Drive. (58) At the meeting of September 6, 1988, in a memorandum dated April 8, 1988, City Attorney Penman advised the City Engineer of the City's potential liability if there is an attempt to alleviate the drainage problem occurring on the private property of Mrs. Damus from a natural spring. . City Attorney Penman explained there are complicated legal problems involved, which include a natural spring which has caused annoyance and potential damage to the residents below, and possible encroachment of neighbors on property owned by the primary land owner. He stated his concern was that if the City becomes involved, it could assume some of the liability. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the Negative Declaration for Public Works Project No. 88-17, installation of a storm drain in Del Rosa Avenue, from Foothill Drive to Bonita Vista Drive, be adopted; that a finding be made that the installation of a storm drain in Del Rosa Avenue, from Foothill Drive to Bonita Vista Drive, is consistent with the Interim POlicy Document; and that no actual work be done until the legal problems are resolved. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . COUNCIL PERSONNEL COMMITTEE REPORT - SEPTEMBER 8, 1988 - COUNCIL MEMBER MINOR Council Member Minor, Acting Chairman of the Council Personnel Committee, gave the report of the Council - 33 - 9/19/88 ~_--~-----------c---- , . Personnel Committee meeting held on September 8, 1988. The following items were on the agenda: (60) 1. Reclassification of Real Property The Committee recommended approval. appear on the September 19, 1988, Council Enqineer - This item Agenda. will 2. Proposed Transfer of Data Systems Operator From General Employee Unit to Manaqement/Confiden- tial unit - Data processinq Division - The Committee recommended approval. This item will appear on the September 19, 1988, Council Agenda. The Committee asked that a cost compari- son be provided with this item. 3. Proposed Creation of New Position - Data Systems Coordinator - Data Processinq Division - This item was a recommendation to reestablish this position and the salary. One-half of the funding will come from training funds and the other half will come from accumulated software funds. The Committee recommended approval. . 4. Creation of ~ Senior Deputy City Attorney Position - Deletion of an Attorney IV Contract Position - This item was a "walk-on" by the City Attorney. The initial presentation consisted of three options and two separate agenda items. The first item was a request to provide a litigation attorney by: A. Creating a City Attorney IV litigation position, or B. Advertising for a 3-year contract attorney, or C. Farming out litigation cases which would double the cost. . The second item was to create a Senior Deputy City Attorney position at a level just below that of Ms. Brue. Both these positions would be funded from outside litigation funds. There was some urgency given to the matter and the Committee agreed that the issue should go to the full Council on September 19, 1988. After the meeting and with telephone concurrence of the Committee members, the City Attorney tietermined that the creation of a Senior Deputy City Attorney position and deletion of a Contract Attorney IV position was what was required. The City Attorney was asked to provide as much - 34 - 9/19/88 backup information as possible for the full Council to consider. . Council Member Reilly made a motion, seconded Council Member Flores and unanimously carried, that minutes of the Council Personnel Committee meeting September 8, 1988, be received and filed. by the of MAYOR WILCOX EXCUSED Mayor Wilcox left the Council Meeting and Council Member Miller assumed the duties of Mayor Pro Tempore. COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council to the Table. Council COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. POLICE DEPARTMENT AD HOC SITE SELECTION COMMITTEE - SEPTEMBER 9, 1988 - COUNCIL MEMBER MINOR Council Member Minor presented the report of the Police Building Ad Hoc Committee meeting held on September 9, 1988. The following item was discussed: (61) . The Committee received the latest information from the SGS consultants. Members of the Committee were asked to provide comments and input to Assistant City Engineer Mr. Gene Klatt, for consolidation. The Police Department and Fire Department were particularly tasked to take a very strong look at site selections and Engineering would be looking at impacts at each site. The City Treasurer and Deputy City Administrator/Development will explore financing vehicles and present these options at the next meeting. The Committee determined that it was urgent that a meeting be set as soon as Council Member Maudsley returns from vacation so that some hard decisions can be made regarding site and financing. The consul- tants need the information to prepare a final draft as soon as possible. Council Member Minor stated that the Committee had met with the consultant and discussed three primary sites: Highland and Western Avenues, 8th and "F" Streets, and 2nd and "F" Streets. It was decided the best one is Highland and Western Avenues. Council Member Reilly Council Member Flores and made a motion, seconded by unanimously carried, that the . - 35 - 9/19/88 ~--.--~~-~~---------- . minutes of the Police Department Ad Hoc Site Selection committee held September 9, 1988, be received and filed. DISCUSSION REGARDING POSSIBLE PURCHASE OF OPERATION SECOND CHANCE BUILDING FOR POLICE FACILITY Council Member Minor stated that no action is required on this item. (62) COUNCIL Council Meeting and MEMBER MAUDSLEY RETURNED Member Maudsley returned took his place at the Council to the Table. Counc il WAYS AND MEANS COMMITTEE REPORT - SEPTEMBER 12, 1988 - COUNCIL MEMBER MILLER Council Member Miller gave the report of the Ways and Means Committee meeting held September 12, 1988. The following items were on the agenda: (63) 1. Request tQ Reduce Purchase Price of Kelloqq Library - Eliiah Sinqletary - Item continued to September 26, 1988. . 2. Proqram Expansion Proposal and Fee Adiust- ments - Item continued to September 26, 1988. The Committee had questions regarding copy charges by the Police Department versus other departments. Costs for researching items to be copied will be studied and presented at the next meeting. 3. Visitors/Convention Bureau - Item continued to September 26, 1988. The Committee recommended that the Chamber of Commerce request that the agenda item for September 19, be continued to the Council Agenda of October 3, 1988. A steering group chaired by Mr. Dave Porter, with the following members, was asked to re-analyze and present a single, specific plan with mission statement and a method of creation and funding for a Visitors/Convention Bureau: Jim Richardson Bob Spivack Laurie Aldern Les Dabritz Bill Fields Richard Bennecke Ann Harris Gil Snyder Pat Caffrey Sam Henley 4. Summary of Fee Increases - Item received and filed. Fee folders were distributed to the Committee members and will be distributed to the Mayor and remaining Council members. The fees will be updated periodically. . - 36 - 9/19/88 . 5. Parkinq District Fundinq Report - Item continued to September 26, 1988. A plan for surveying the City surface lots and prelimin- ary information obtained from Parking Place Commission will be presented. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways and Means Committee meeting held September 12, 1988, be received and filed. POLICY - COMMITTEE REPORTS It was informally agreed that in order the save time in future Council meetings, the Committee minutes not be read during the meeting, but perhaps be included in the Consent Calendar. . STREET SWEEPING SURVEY - APPROVAL OF EXPENDITURE OF $4,200 In a memorandum dated September 8, 1988, Fred Wilson, Assistant to the City Administrator, stated that last year, due to budget constraints, the street sweeping service was cut back to once per month for residential areas. The possibility of establishing a fee for street sweeping was identified last year as a potential new source of income. A report was prepared in May, 1988, which considered a city-wide street sweeping fee. Subsequently, the Ways and Means Committee requested staff to perform a survey on the proposal. (64) A copy of the proposed survey was attached to the report, with four alternatives for consideration: A. single $26.00 parks. Current Service User Fee: $1.00 per month for family, $5.00 per month for retail/commercial; per month for apartment complexes and mobilehome Revenue per year: $708,282. B. Upgraded Service User sweeping from once to twice per residential units; $7.00\ month $37.10 for apartment complexes Revenue per year: $991,594. Fee: Upgrade street month: $1.40/month for for retail/commercial; and mobilehome parks. C. Outside contract with undetermined. Contractor: Discontinue City service and private sector. Cost savings are D. No Change: Continue current City street sweeping services. . Manuel Moreno, Jr., Director of Public Services, explained the cause of the reduction of street sweeping services from twice a month to once a month and explained - 37 - 9/19/88 --. . various billing mechanisms. fair sampling of opinion obtained through the survey. He also recommended that a from the various wards be MAYOR WILCOX RETURNED Mayor Wilcox returned to the Council Meeting and took her place at the Council Table. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that an expenditure in the amount not to exceed $4,200 from the Refuse Fund Account No. 127-411-53150 for the purpose of conducting a street sweeping survey, be approved, as amended by removing Item B, and proceeding with Items A, C, and D. . REFUSE COLLECTION - AUTHORIZATION TO IMPLEMENT ONCE PER WEEK - FIVE RESIDENTIAL LOCATIONS AND SEVEN MOBILEHOME PARKS In a memorandum dated August 8, 1988, Manuel Moreno, Jr., Director, Public Services, explained that for FY 1988-89, the Mayor and Council approved the purchase of three automated side-loading refuse vehicles. The Department of Public Services/Residential Refuse Section prepared a proposal to incorporate the side-loaders into the current schedule, and is requesting authorization to implement one time per week pickup in five residential areas and seven mobilehome parks, which were described in Attachments A and B. (65) Manuel introduced Kelly who furnishing collection Moreno, Jr., Director, Jesse Sparks, Donald Warren, are representatives of the containers and equipment program. Public Services, Phil Smith and Pat various businesses for the refuse Mr. Moreno pointed out areas recommended for the new collection schedule on a map. Mr. Moreno explained the recommended schedule of the refuse pick-up and stated they anticipated a pick-up of anywhere from 700 to 800 containers per day. Mr. problem vehicles Moreno answered questions regarding a possible with the new automated side-loading refuse in cutting off tree branches. Mr. Don Warren, representing the company that is furnishing the automated refuse vehicles, answered questions regarding the tree problem and suggested that citizens place their refuse container on side of driveways where trees would not be a problem. . - 38 - 9/19/88 . Mr. factor street. Warren also answered questions regarding the wind involved in blowing the containers down the A discussion ensued regarding handicapped or elderly might have in containers to the street for pick-up. problems getting the their Jesse Sparks spoke of other cities he had provided containers for and the assistance the elderly and handicapped citizens needed in getting refuse containers to the street. Mr. being charged Moreno requested that in addition to charged for one container, that $7.00 for a second container, if needed. the $7.00 also be Mr. Moreno answered questions, stating that brush trimmings tied in bundles could be picked up every second week, and that grass trimmings could be collected in the regular pick-up. He also stated his department would handle tree trimming problems as they arose. . Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Department of Public Services/Refuse Residential Section be authorized to implement one time per week refuse pickup in the five locations listed on Attachment A in the Council backup and the seven mobilehome parks listed on Attachment B; a review of the program will be conducted in six months; assistance will be provided to the handicapped and elderly with presentation of medical verification; consideration will be given to the tree trimming problem; and there will be a $7.00 charge for the second refuse container. REFUSE BUDGET - AUTHORIZATION TO TRANSFER FUNDS TO ACCOUNTS TO BE ESTABLISHED TO COVER COST OF COLLISION INSURANCE In a memorandum dated September 2, 1988, Manuel Moreno, Jr., Director, Public Services, included supporting documents regarding collision insurance. (66 ) Acting City Administrator Robbins answered questions. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Director of Finance be authorized to transfer $36,744 from Account Number 127-000-30405 (Unappropriated Reserve) equally into Account Numbers 127-412-53904 and 127-413-53904 (Collision Insurance) to be established for budget line item. . - 39 - 9/19/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM REGARD- ING PSYCHOLOGICAL EXAMINATIONS FOR APPLICANTS TO THE POLICE DEPARTMENT. (S-l) City Clerk Clark read the title of the resolution. In a memorandum dated September 16, 1988, Donald Burnett, Police Chief, explained that the Police Department had been without the services of a psychologist to perform psychological examinations since July 1, 1988. After a discussion with City Attorney Penman, Personnel Director Johnson, and Risk Management Director Kirwan, it was agreed to consider contracting with a new psychologist for police officer evaluation services. A survey of available psychologists was conducted and Dr. Larry Blum was selected due to his extensive work and expertise in psychological services for police. . City Attorney Penman stated that no cap had been provided in the proposed agreement with Dr. Blum, because it is difficult to determine how many examinations will be conducted. Mr. Penman explained that four people are being tested without a contract between Dr. Blum and the City, but that it is important that these evaluations be done, even though they are being done without the City being protected by Dr. Blum's mal-practice insurance. Mr. Penman stated that they had weighed the risk involved and concluded it was the better choice than not having the evaluations done. Mr. Penman answered questions, stating that RFPs are not required for professional services, and Dr. Blum was selected because of his expertise in testifying in court and conducts police candidate testing for other cities. John Kirwan, Director of Risk Management, stated that Dr. Blum comes highly recommended. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that further reading of the resolution be waived and that said resolution be adopted. The motion failed by the following vote: Council Members Reilly, Pope-Ludlam, Miller. Council Members Flores, Maudsley, Minor. Absent: Member Estrada. Ayes: Noes: Council . Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for more information. - 40 - 9/19/88 Tf . BOARD OF BUILDING COMMISSIONERS' ORDER TO VACATE, SECURE AND DEMOLISH - 765 N. "D" STREET - ALBERT MAMLOUK In a memorandum dated September 16, 1988, Acting City Administrator Robbins stated that on September 15, 1988, the following actions took place: The doors on the building at 765 N. "D" were padlocked by the Bldg. & Safety Dept.; plans were submitted to the Bldg. & Safety Dept., but fees were not paid; the engineer was notified that paid fees were necessary before the plan check could proceed; a temporary restraining order was served on the City. At 8:00 a.m., on September 16, 1988, the padlocks were removed and the building remains open. (S-3) In a letter dated September 14, 1988, W. R. Holcomb, representing Albert Mamlouk, requested that Mr. Mamlouk be allowed to proceed to build a new building and to operate his present store until said building is completed. Mr. Holcomb stated that Mr. Mamlouk had sent a set of plans to the City for a plan check and has furnished the City with a rider on his insurance policy for a million dollar liability. An extension of 160 additional days was requested, pending completion of the new store. . City Attorney Penman explained that the Temporary Restraining Order (TRO) prevents the City from closing the building until a hearing has been held on the Preliminary Injuction. Attorney Holcomb, representing Mr. Mamlouk, explained that the owner of the building at 765 N. "D" Street, is sOliciting bids to determine if it is economically feasible to retrofit the building. Mr. Mamlouk, tenant at 765 N. "D" Street, is hoping to build a new building next door to that address and conduct his business there. City Attorney Penman answered questions, stating that the City still has some liability in the matter, although the TRO removes some of that liability because the City is legally prevented from closing the building. He stated that the City's position is that the building is unsafe. John Kirwan, Director of Risk Management, stated he was unaware that the insurance policy was good for only 60 days. He also expressed concern that the insurance company was aware of the condition of the building. Mr. Penman answered questions, stating that the 30 day extension granted on August 15, 1988, expired on September 15, 1988. The insurance policy appears to be good for 60 days, which would be October 15, 1988. . - 41 - 9/19/88 1 . Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the matter regarding the property at 765 N. "D" Street, be continued to 4:00 p.m., October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion Council Members Miller. Noes: Member Estrada. carried by the following vote: Ayes: Reilly, Flores, Maudsley, Pope-Ludlam, Council Member Minor. Absent: Council COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 7:04 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to a Closed Session under the following: Government Code Section matters. 54957 to consider personnal (72) Government Code Section 54957.6 to designated representatives regarding labor meet with relations. (73) its . Government Code Section 54956.9(b)(1) to its attorney regarding pending litigation significant exposure to litigation. confer with as there is (74) Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation so that Council may decide whether to initiate litigation. (75) Government Code attorney regarding initiated formally follows: Section 54956.9(a) to pending litigation to which the City confer which ~s a with its has been party as (76, S-2) City of San Manaqement, Inc., Case No. 238755; Bernardino ys. California et al - San Bernardino Construction Superior Court Saldecke, et al vs. City of San Bernardino, et al- San Bernardino Superior Court Case No. 236836; Cable Lake San Bernardino 239649; Association v~. City of Sa~ BernardinQ- Superior Court Case No. 239714 and Case No. . City of Club, Inc. 239193; San Bernardino vs. San Bernardino San Bernardino Superior Court Baseball Case No. - 42 - 9/19/88 [ . Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Waqoner vs. Flocken - San Bernardino Superior Court Case No. 234180 and No. 137160; Sock - United (RWRx) Dawson, et al vs. City of San Bernardino, et al States District Court - Case No. SA 88-461 AHS Galindo, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCV239959; Deshawn La Rue Wollev vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 228789; John McPhail vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242582; . William vs. Clark, et al - San Bernardino Superior Court Case No. 239714 Inland Manpower Association vs. McLauqhlin - United States District Court of Appeal - 9th Cir. No. 88-7260. CLOSED SESSION At 7:04 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the fOllowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. City Clerk Clark. Also present: Assistant City Attorney Brue. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 7:10 p.m., Council Member Pope-Ludlam arrived at the Closed Session. CITY CLERK CLARK ARRIVED City Clerk Clark arrived at the Closed Session. . - 43 - 9/19/88 . CITY CLERK CLARK EXCUSED City Clerk Clark left the Closed Session. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Closed Session. ADJOURN CLOSED SESSION At 8:42 p;m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 8:42 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Acting City Administrator Robbins, City Clerk Clark. Absent: Council Member Estrada, City Attorney Penman. . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT 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 September 6, 1988) (See page 20) (21) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY ADMINIS- TRATOR. (See page 21) (24) Council Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to October 3, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernrdino, California. . - 44 - 9/19/88 . ADJOURN MEETING At 8:45 p.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting of the Mayor and Common Council be adjourned to 9:00 a.m., October 3, 1988, in the Council Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. (77) ~////$Ll6~ ./ City Clerk No. of Items: No. of Hours: 85 8 3/4 . . - 45 - 9/19/88