HomeMy WebLinkAbout10-03-1988 Minutes
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City of San Bernardino, California
October 3, 1988
The Regular Meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor
wilcox at 9:01 a.m., on Monday, October 3, 1988, in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
MOMENT OF SILENCE - OLIN GRAVES - FATHER OF
CITY TREASURER GRAVES
The Mayor and Common Council observed a moment of
silence in memory of Olin Graves, father of City Treasurer
Craig Graves.
INVOCATION: The Invocation was given by Dr. Thomas
W. Harvick, Senior Pastor, Central Christian Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Estrada.
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ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller;
Deputy City Administrator Richardson, City Clerk Clark.
Absent: Council Member Minor; City Attorney Penman.
PUBLIC COMMENTS
There were no public comments.
(A)
PROCLAMATION - DYSLEXIA AWARENESS WEEK -
OCTOBER 16 - 22, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino proclaiming the week of October 16 - 22, 1988, as
Dyslexia Awareness Week in the City of San Bernardino. (B)
Ms. Bertha Fox, representing the local organization
of the Dyslexia Association, was present to accept the
Proclamation.
PROCLAMATION - MENTAL ILLNESS AWARENESS WEEK -
OCTOBER 2 - 8, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
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nardino proclaiming the week of October
Mental Illness Awareness Week in the City
dino.
2 - 8, 1988, as
of San Bernar-
(B)
the
the
Margaret Barnett, President of
Alliance for the Mentally Ill,
proclamation.
the Local Chapter of
was present to receive
CITY ATTORNEY PENMAN ARRIVED
At 9:08 a.m., City Attorney Penman arrived at the
Counc il Meeting.
PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 9 _
15, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino, proclaiming the week of October 9 - 15, 1988, as
Fire Prevention Week in the City of San Bernardino.
(B)
Fire Chief Moon was present to accept the proclama-
tion, and invited everyone to an open house on October 8,
1988, at the Fire Station. Mr. Moon urged everyone to
have a smoke detector installed in their home.
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PROCLAMATION - NATIONAL AIDS AWARENESS MONTH -
OCTOBER, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino, proclaiming the month of October, 1988, as
National AIDS Awareness Month, and commending the San
Bernardino County Chapter of the American Red Cross for
participating and educating the community to spread facts,
not fear. (B)
Bill Nordsetter, Executive Director of the County
Chapter of the American Red Cross, and Sandra Smith, AIDS
Education Coordinator for the American Red Cross, were
present to accept the proclamation. (B)
City Attorney
Council regarding an
of the City relative
a policy matter that
Penman answered questions of the
anti-discriminatory employment policy
to persons with AIDS, stating it was
is within the Council's jurisdiction.
Deputy City Administrator Richardson agreed to re-
search the matter regarding the City's anti-discriminatory
employment pOlicy relative to persons with AIDS.
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PROCLAMATION - PTA MEMBERSHIP ENROLLMENT MONTH _
OCTOBER, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino, proclaiming the month of October, 1988, as PTA
Membership Enrollment Month. (B)
Ms. C. D. Easley, PTA Council Budget Officer/Past
President/Past Membership Chairman was present to accept
the proclamation, and read the objectives of the PTA.
PROCLAMATION - FOOD FOR ALL DAY - OCTOBER 16, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino proclaiming October 16, 1988, as Food for All Day
in the City of San Bernardino. (B)
Dr. Juanita Scott, Affirmative Action Officer, was
present to accept the proclamation.
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PROCLAMATION - AMERICAN SOCIETY OF CIVIL ENGINEERS
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino congratulating the Los Angeles Section of the
American Society of Civil Engineers on 75 years of ser-
vice. The Riverside-San Bernardino Branch has been a key
part of the Los Angeles Section since 1953. (B)
Roger Hardgrave, Director of Public Works/City
Engineer, was present to accept the proclamation.
EMERGENCY PLAN - SET WORKSHOP - OCTOBER 24, 1988
Mayor Wilcox stated that the Council Office had re-
ceived a copy of the City's Emergency Plan, and directed
the City Administrator's Office to set a workshop for
discussion by the Mayor and Common Council on October 24,
1988.
CHANGE COUNCIL MEETING DATE - OCTOBER 17, 1988 TO
OCTOBER 24, 1988
In a memorandum dated September 22, 1988, Mayor
Wilcox stated that the 90th Annual Conference of the
League of California Cities is scheduled to begin October
16, 1988, and requested that the Council consider changing
the regular Council meeting date of October 17, 1988, to
October 24, 1988. (48)
City Attorney Penman explained that the City does not
have the authority to change Council meeting dates, but
suggested two ways that it can be done. The City Clerk
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could go to the Council Chambers on October 17, 1988, and
either declare the meeting continued due to lack of a
quorum, or call a special meeting for October 24, 1988.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that the
City Clerk be instructed to declare the meeting of October
17, 1988, continued, due to lack of a quorum; and that all
items set for October 17, 1988, be heard on October 24,
1988.
APPROVE MINUTES - SEPTEMBER 19, 1988
Council Member Miller 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 September 19, 1988, be
approved as submitted in typewritten form. (1)
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1988/89 BUDGET - APPROVAL OF CONTINUING APPRO-
PRIATIONS AND ENCUMBRANCES FOR INCLUSION
In a memorandum dated September 16, 1988, Andrew
Green, Finance Director, explained that attached schedules
list prior year carryover items made up of Continuing
Appropriations and encumbrances. All amounts are identi-
fied by account number and account title, and are subject
to existing procedures before they can be encumbered or
spent. Action by the Mayor and Common Council is neces-
sary to formally incorporate these prior year items into
the 1988-89 budget. (2)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
list of Continuing Appropriations and Encumbrances sub-
mitted by the Finance Director's memorandum dated
September 16, 1988, be approved for inclusion in the
1988-89 budget.
DRAINAGE IMPROVEMENTS - STODDARD AND ATHOL
STREETS - REDLANDS PAVING, INC. - APPROVAL
AND ACCEPTANCE OF CONSTRUCTION WORK
In a memorandum dated September 20, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
all work required under the contract with Redlands Paving,
Inc. for construction of drainage improvements at Stoddard
Avenue and Athol Street was satisfactorily completed as of
August 12, 1988. The project was awarded for the low bid
price of $11,790.00. The actual final contract price was
$13,517.00. (3)
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Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
work performed by the contractor for the construction of
drainage improvements at Stoddard Avenue and Athol Street,
in accordance with Plan No. 7480, be approved and
accepted; and that final payment be authorized at the
expiration of the lien period.
REHABILITATION OF PAVEMENT ON HOSPITALITY LANE -
FROM WATERMAN AVENUE TO GAGE CANAL - FINDING
OF NEED FOR HEALTH AND SAFETY REASONS
In a memorandum dated August 30, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, explained
that some work on the construction of streets in the
Tri-City Corporate Complex was deferred until adjoining
properties had developed and street cuts for utility
services made. Most of the adjoining properties have been
developed. The existing pavement is showing distress and
needs to be reinforced. (4)
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Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that a
finding be made that the rehabilitation of pavement on
Hospitality Lane, from Waterman to Gage Canal, in accor-
dance with Plan No. 7548, is needed for health and safety
reasons.
WATERMAN AVENUE REHABILITATION - REDLANDS BLVD.
TO MILL STREET - FINDING OF NEED FOR HEALTH AND
SAFETY REASONS
In a memorandum dated August 31, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, explained
the project of rehabilitating the pavement on Waterman
Avenue between Redlands Boulevard and Mill Street, and
other improvements in the area. He stated that the exist-
ing road was built in 1962, and the pavement has failed in
some areas and requires continuous maintenance. (5)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that a
finding be made that rehabilitation of Waterman Avenue,
from Redlands Blvd. to Mill Street, is needed for health
and safety reasons.
INSTALLATION OF TRAFFIC SIGNALS - UNIVERSITY
PARKWAY AND NORTH PARK BLVD. - FINDING OF NEED
FOR HEALTH AND SAFETY REASONS
In a memorandum dated August 30, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, explained
that traffic through the intersection of University park-
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way and Northpark Blvd. is presently controlled by an
unusual three-way stop. The volume of traffic in this
area has increased dramatically due to new development and
additional enrollment at the University. Unacceptable
delays are being experienced by motorists. Traffic sig-
nals are needed to assign right-of-way to approaching
vehicles and reduce delays. (6)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that a
finding be made that the installation of traffic signals
at University Parkway and Northpark Blvd. is needed for
health and safety reasons.
WIDENING OF 40TH STREET FROM ELECTRIC TO MT.
VIEW - SUMMIT GRADING AND PAVING - CHANGE ORDER
NOS. ONE AND TWO - APPROVAL AND ACCEPTANCE OF WORK
In a memorandum dated September 9, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, explained
the need for Change Order Nos. One and Two to the contract
with Summit Grading and Paving for widening of 40th
Street, from Electric to Mt. View Ave. He stated that all
work required under this contract was completed as of
September 8, 1988. (7)
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Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that Change
Order Nos. One and Two to the contract with Summit Grading
& Paving for widening of 40th Street, from Electric to Mt.
View Ave., per Plan No. 7283, be approved; authorizing
traffic control and existing pavement and irrigation line
removals, from a net increase in the contract price of
$8,325.63, from $102,064.80 to $110,390.43; that the work
be approved and accepted, and final payment be authorized
at the expiration of the lien period.
ASSESSMENT DISTRICT NO. 956 - ADDITIONAL LAND-
SCAPE MAINTENANCE - CHANGE ORDER NO. ONE _
CHEROKEE LANDSCAPE SERVICES - TRI CITY COMPLEX
In a memorandum dated September 20, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, set forth
the items of work that should be added to enhance the
appearance and over-all quality of the landscaping within
the Tri-City Complex. (8)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that Change
Order No. One to the contract with Cherokee Landscape
Services for the maintenance of landscaping in portions of
Airport Drive, per Plan No. 6244, be approved; authorizing
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the contractor to include additional landscape maintenance
for a net increase in contract price of $15,260.00, from
$59,996.00 to $75,256.00.
LANDSCAPE MAINTENANCE DISTRICT NO. 975 - "NIL"
ASSESS RIALTO UNIFIED SCHOOL DISTRICT - MILL
STREET AND PEPPER AVENUE
In a memorandum dated September 20, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
Assessment District No. 975 was formed to provide for
maintenance of landscaping within parkways of major
streets. Tentative Tract Map No. 12313 was filed for this
area. However, the Rialto Unified School District ac-
quired the parcel for construction of a new high school.
The District submitted a letter dated September 14, 1988,
requesting that they be allowed to maintain the landscap-
ing adjacent to their property, and that they not be
assessed under the District. (9)
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Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that
authorization be granted to "nil" assess the Rialto Uni-
fied School District for maintenance of landscaping adja-
cent to the new school, south of Mill Street and located
between Pepper Avenue and Eucalpytus Avenue, with the
stipulation that the City reserve the right to assume
maintenance of landscaping through the assessment dis-
trict whenever the Director of Public Works/City Engineer
finds the landscaping is not being maintained in a manner
comparable with the remainder of the district.
SET HEARING - APPEAL OF BOARD OF BUILDING COMMIS-
SIONERS DECISION TO DEMOLISH PROPERTY AT 125 E.
9TH STREET - SOLOMON SADDI
In a letters dated September 13, 1988, Marla Wirsz,
Broker with Paramount Properties, and Solomon Saddi, owner
of property located at 125 E. 9th Street, appealed the
decision of the Board of Building Commissioners of Septem-
ber 2, 1988, to abate a nuisance located at 125 E. 9th
Street. (10)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
appeal of Solomon Saddi relative to the Board of Building
Commissioners' decision to abate a nuisance located at
125 E. 9th Street, be set for hearing at 9:30 a.m., Octo-
ber 24, 1988, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
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TRAFFIC SYSTEMS FEE FUND - CONSTRUCTION OF NEW CURB
RETURN - SOUTHEAST CORNER OF WATERMAN AVENUE AND
GILBERT STREET
In a memorandum dated September 20, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
it was found that the existing curb return at the south-
east corner of Waterman Avenue and Gilbert Street showed
considerable evidence of wheel tracks of busses and large
trucks running over the curb. The curb was constructed on
a radius of 15 feet. Constructing a new curb return on a
radius of 25 feet will reduce the potential for an
accident. The total estimated cost is $20,000. (11)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
estimated revenue of $20,000 in Account No. 242-000-41803
be approved; and that the budget appropriation of $20,000
for constructing a new curb return at the southeast corner
of Waterman Avenue and Gilbert Street, be approved.
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REPORT - INSURANCE POLICIES CURRENTLY IN FORCE _
In a memorandum dated September 15, 1988, John
Kirwan, Director, Risk Management, presented a list of
insurance policies that are currently in force for the
City of San Bernardino. (12)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
report submitted by John Kirwan, Director of Risk
Management, relative to insurance policies currently in
force be received and filed.
EMERGENCY FOOD AND SHELTER PROGRAM FUNDS _
AUTHORIZATION FOR APPLICATION AND ADMINISTRATION
In a memorandum dated September 22, 1988, Annie
Ramos, Director, Parks, Recreation & Community Services,
stated that Congress has appropriated $114 million through
the Emergency Food and Shelter National Board Program
(FEMA VII) for the purpose of delivering emergency food
and shelter to needy individuals. The local FEMA Board of
San Bernardino has selected the Wests ide Drop-In Center as
one of the sites within the City to assist with distribu-
tion of funds between October 1, 1988, and September 30,
1989. Ms. Ramos' Department has prepared the application
of $20,000 to be administered through the Wests ide Drop-In
Center. There is no additional cost to the City to admin-
ister this program. (13)
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Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
Parks, Recreation and Community Services Department
Director be authorized to apply for and administer $20,000
of emergency food and shelter funds provided under the
prov is i on of the Emergency Food and She 1 ter Na t i onal
Program (FEMA VII).
CLAIMS AND PAYROLL
Pursuant to a memorandum dated September 21, 1988,
from Andrew Green, Director of Finance, Council Member
Miller made a motion, seconded by Council Member Flores
and unanimously carried, that the claims and payrolls, and
the authorization of the issuance of warrants listed by
the Director of Finance, be approved. (14)
PERSONNEL ACTIONS
Council Member Miller 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. (15)
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BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that Board
of Building Commissioners' Resolution Nos. 1235, 1236,
1237, 1238, 1239, 1240, and 1242 be filed. (16)
RESOLUTION OF THE CITY OF SAN BERNARDINO
RENEWING THE COMMITMENT TO COMPLETE DEVEL-
OPMENT OF THE PATTON PARK PROPERTY AND TO
DESIGNATE THE PARK DEVELOPMENT FEE FUND,
AND THE CITY'S ALLOCATION THROUGH STATE
AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS
POTENTIAL SOURCES FOR FUNDING THE COMPLE-
TION. (Continued from September 19, 1988)
(19)
Council Member Reilly made a motion, seconded by
Council Member Estrada and unanimously carried, that said
resolution be continued to later in the meeting. (Was not
considered again at this meeting.)
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
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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
19, 1988) (20)
Council Member Reilly made a motion, seconded by
Council Member Estrada and unanimously carried, that said
resolution be tabled. (See page 18 for new resolution.)
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting and took her place at the Council Table.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT
AGREEMENT FOR THE POSITION OF CITY ADMINIS-
TRATOR. (Continued from September 19,
1988) (21)
Council Member Reilly made a motion, seconded by
Council Member Flores, that said resolution be continued
to October 24, 1988.
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Mayor Wilcox answered questions of the Council,
stating that the reason for the request to continue said
resolution is for further consultation with Acting City
Administrator Robbins.
A request was made to discuss said resolution at this
time rather than continuing it until the next meeting, as
there was some question regarding the Council's intention
concerning further negotiations for the position of City
Administrator.
City Attorney Penman answered questions regarding
procedure, stating that it would be proper to discuss the
proposed resolution.
Mayor wilcox stated it was her understanding in con-
versations with the Council that there was no problem with
the agreement, but it was in terms of some of the condi-
tions of the agreement there had been questions.
City Attorney Penman and City Clerk Clark answered
questions regarding the propriety of discussion on a
motion to continue.
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It was pointed out there was a difference of opinion
regarding the Council's preference relative to the pro-
posed agreement for City Administrator, and it was stated
that a discussion was desired to consider what the City's
position is regarding contracts for high level City posi-
tions.
Mayor Wilcox stated that said resolution had been
referred to and discussed by the Personnel Committee, and
an option at this time would be to continue it to later in
the afternoon when the Personnel Committee report would be
heard.
City Attorney Penman stated that Council Rule 6G
stated that a motion to continue is debatable only as to
reason. So the discussion could conform to that provi-
sion, or the maker of the motion could withdraw his mo-
tion, or another Council Member could make a substitute
motion.
Council Member Estrada made a substitute motion,
seconded by Council Member Pope-Ludlam and unanimously
carried, that discussion be held on the resolution re-
garding a contract for the position of City Administrator.
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A lengthy discussion ensued relative to the proposed
contract with a new City Administrator. A precedence
would be established by putting this position under con-
tract without a formal policy concerning contracts.
Questions were raised regarding the procedure of
offering a contract to the individual selected, as no
mention was made of a contract in the job description as
presented in the 116 applications that were sent out, nor
to the 32 candidates who responded or the six finalists
who were interviewed.
The provisions of the proposed contract would in-
crease the benefit package for the City Administrator
position. Since these added benefits were not included in
the original job description nor advertisements, it was
suggested that had they been, the City might have received
a greater number of applicants with higher qualifications.
The whole procedure of offering a 'contract to only
one candidate was questioned, as well as the precedence
being set, as it may bring about requests from other high
level employees for contracts. It was suggested that a
policy be established prior to any contracts being ex-
ecuted with any City employee.
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Mayor Wilcox stated that negotiations were held with
only the individual in question, as he is the only can-
didate selected for the position of City Administrator.
She also stated that she had not offered the contract.
The candidate had requested it.
City Attorney Penman answered questions regarding the
legality of providing a contract to the candidate. He
stated it is an "at will" position, rather than a Civil
Service position, and as such, no other candidate would
have any legal redress against the City. This position is
not covered by Civil Service Rules.
Mayor wilcox answered questions, stating that there
is still room for negotiations on the proposed contract
and that is the reason for the request for continuation.
The candidate, Mr. RObbins, is presently out of town.
Members of the Council expressed their concerns re-
garding the proposed contract and suggested var ious
solutions to the problem.
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Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam, that the City Administrator's
position not be a contracted position until such time as
the Council has had an opportunity to review the whole
question and makes a policy decision; and that the matter
be referred to the Personnel Committee for a review of the
entire question of contracts for high level management
positions.
Mayor Wilcox stated that since negotiations are
continuing, she didn't think the motion was appropriate.
City Attorney Penman stated that the motion is proper
in terms of the Brown Act.
Deputy City Administrator Richardson stated it was
not uncommon for the position of City Administrator or
City Manager to be contractual. He pointed out the issue
of security is paramount in this type of position, as a
change of jOb would always require a move to another City.
He suggested that as a courtesy to Mr. RObbins, this
matter be continued until his return and allow a discus-
sion by the Personnel Committee.
The motion by Council Member Estrada failed by the
following vote: Ayes: Council Members Estrada,
Pope-Ludlam, Miller. Noes: Council Members Reilly,
Flores, Maudsley. Absent: Council Member Minor.
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Council Member Flores made a motion, seconded by
Council Member Reilly, that said resolution be continued
to October 24, 1988, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
The motion carried by the following vote: Ayes:
Council Members Reilly, Flores, Maudsley, Pope-Ludlam.
Noes: Council Members Estrada, Miller. Absent: Council
Member Minor.
Mayor Wilcox stated that the Personnel Committee will
be asked to hold a meeting to consider various aspects of
this issue.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
PUBLIC HEARING - CREATION OF UNDERGROUND UTILITY
DISTRICT NO. 17 - UNIVERSITY PARKWAY, BETWEEN
CAJON BLVD. AND THE 215 FREEWAY
This is the time and place set for a public hearing
to consider the creation of Underground Utility District
No. 17, generally located along University Parkway, be-
tween Cajon Blvd. and the 215 Freeway. (17)
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In a memorandum dated September 15, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, explained
that on September 6, 1988, the City Engineer and City
Clerk were authorized to proceed with the creation of
Underground Utility District No. 17, located on University
Parkway between the 1-215 Freeway and Cajon Blvd. No City
funds will be required and there are no properties within
this proposed district that will require conversion.
RES. 88-378 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO CREATING UNDERGROUND UTILITY DISTRICT
NO. 17, LOCATED BETWEEN THE EAST AND WEST
LINES OF UNIVERSITY PARKWAY, SOUTH OF THE
SOUTHERLY LINE OF THE 1-215 FREEWAY, AND
NORTH OF THE NORTHERLY LINE OF CAJON BOULE-
VARD. (17)
Mayor Wilcox opened the hearing.
No protests were received.
City Clerk Clark read the title of the resolution.
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Council Member Maudsley made a motion, seconded by
Council Member Miller and unanimously carried, that the
hearing be closed; that the findings as set forth on the
staff report by Roger G. Hardgrave, Director of Public
Works/City Engineer, be approved; that further reading of
the resolution be waived and that said resolution be
adopted.
Resolution No. 88-378 was adopted
vote: Ayes: Council Members Estrada,
Maudsley, Miller. Noes: None. Absent:
Minor, Pope-Ludlam.
by the following
Reilly, Flores,
Council Members
PUBLIC HEARING - CREATION OF UNDERGROUND UTILITY
DISTRICT NO. 18 - 7TH STREET, BETWEEN SIERRA WAY
AND WATERMAN AVENUE
This is the time and place set for a public hearing
to consider the creation of Underground Utility District
No. 18, generally located along 7th street, between Sierra
Way and Waterman Avenue. (18)
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In a memorandum dated September 15, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
on September 6, 1988, the City Engineer and City Clerk
were authorized to proceed with the creation of Under-
ground Utility District No. 18. No City funds will be
required. There are no properties within the proposed
district that will require conversion.
RES. 88-379 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO CREATING UNDERGROUND UTILITY DISTRICT
NO. 18, GENERALLY LOCATED ALONG 7TH STREET
BETWEEN SIERRA WAY AND WATERMAN AVENUE.
Mayor Wilcox opened the hearing.
No protests have been received.
City Clerk Clark read the title of the resolution.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
hearing be closed; that the findings as set forth on the
staff report by Roger G. Hardgrave, Director of Public
Works/City Engineer, be approved; that further reading of
the resolution be waived and said resolution be adopted.
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Resolution No. 88-379 was adopted
vote: Ayes: Council Members Estrada,
Maudsley, Miller. Noes: None. Absent:
Minor, Pope-Ludlam.
by the following
Reilly, Flores,
Council members
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the Council Meeting.
READING AND WAIVING OF RESOLUTIONS
City Clerk Clark read the titles of all the resolu-
tions on the Council Agenda.
Council Member Flores
Council Member Reilly and
further reading of all the
Agenda be waived.
made a motion, seconded by
unanimously carried, that
resolutions on the Council
RES. 88-380 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE
BLUM REGARDING PSYCHOLOGICAL EXAMINATIONS
FOR APPLICANTS TO THE POLICE DEPARTMENT.
(Continued from September 19, 1988) (22)
.
Council Member Estrada made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 88-380 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley. Noes: None. Absent: Council Members Minor,
Pope-Ludlam, Miller.
Council Member Maudsley made a motion, seconded by
Council Member Reilly, that the following resolutions be
adopted:
RES. 88-381 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZ ING THE DIRECTOR OF
FINANCE TO SUBMIT A CLAIM OF $245,651 FOR
SB-325 FUNDS FOR CONSTRUCTION OF LOCAL
STREETS AND ROADS FOR THE 1988-89 FISCAL
YEAR. (23)
RES. 88-382 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING WITH THE SAN
BERNARDINO LIGHTHOUSE FOR THE BLIND, INC.
RELATING TO A NUTRITION FOR SENIORS
PROGRAM. (24)
.
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RES. 88-383 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION AND
RATIFICATION OF A LEASE WITH S. K. MANAGE-
MENT COMPANY RELATING TO THE LEASE OF PREM-
ISES LOCATED AT 123 NORTH MT. VIEW AVENUE
FOR A SENIOR CITIZEN NUTRITION SITE. (25)
RES. 88-384 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING WITH THE HIGH-
LAND SENIOR CENTER, HIGHLAND DISTRICT COUN-
CIL ON AGING, INC., RELATING TO A NUTRITION
FOR SENIORS PROGRAM. (26)
RES.88-385 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING WITH ADULT DAY
HEALTH CARE CENTER RELATING TO A NUTRITION
FOR SENIORS PROGRAM. (27)
Resolution Nos. 88-381, 88-382, 88-383, 88-384, and
88-385 were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley. Noes: None.
Absent: Council Members Minor, Pope-Ludlam, Miller.
.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting and took her place at the Council Table.
Council Member Reilly made a motion, seconded by
Council Member Pope-Ludlam, that the following resolutions
be adopted:
RES. 88-386 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING WITH G AND K
MANAGEMENT COMPANY RELATING TO A NUTRITION
FOR SENIORS PROGRAM. (28)
RES. 88-387 - 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 $201,941 FOR THE SENIOR COMPANION PRO-
GRAM FOR THE PERIOD JULY 1, 1988, THROUGH
JUNE 30, 1989, AND REPEALING RESOLUTIONS
NO. 88-88 AND 88-263. (29)
.
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RES. 88-388 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING COSTS OF ABATEMENT OF
PUBLIC NUISANCES AND IMPOSING LIENS ON
CERTAIN REAL PROPERTY LOCATED WITHIN THE
CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (30)
RES. 88-389 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER AND CITY ADMIN-
ISTRATOR TO APPROVE INDIVIDUAL CONTRACT
CHANGE ORDERS TO PUBLIC WORKS CONTRACTS IN
THE AMOUNT OF $2,500 AND $5,000 RESPEC-
TIVELY. (32)
Resolution Nos. 88-386, 88-387, 33-388, and 88-389
were adopted by the following vote: Ayes: Council
members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam.
Noes: None. Absent: Council Members Minor, Miller.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council Meeting
and took her place at the Council Table.
.
RES. 88-390 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING THE AGREEMENT WITH
AMTECH RELIABLE ELEVATOR COMPANY TO IN-
CREASE THE COMPENSATION BY $26,514.00 FOR
FURNISHING AND INSTALLING NEW RELAYS IN THE
THREE ELEVATORS IN CITY HALL. (31)
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions, stating that the amount of
$26,514.00 is a one time expenditure for replacement of
relays that are 16 years old and worn out. The replace-
ment should improve the elevator service by keeping them
in service, but will not increase their speed.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley, that said resolution be adopted.
Resolution No. 88-390 was adopted
vote: Ayes: Council Members Estrada,
Maudsley, Pope-Ludlam, Miller. Noes:
Council Member Minor.
by the following
Reilly, Flores,
None. Absent:
Council Member Miller made a motion, seconded by
Council Member Reilly that the following resolutions be
adopted:
.
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RES. 88-391 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 3985
ENTITLED, IN PART, "A RESOLUTION. .
PROHIBITING PARKING UPON CERTAIN DESIGNATED
STREETS OR PORTIONS THEREOF. . ." TO ES-
TABLISH A NO PARKING ANY TIME ZONE ON A
PORTION OF SECOND STREET BETWEEN "E" STREET
AND STODDARD AVENUE, APPLICABLE TO THE
SOUTH SIDE ONLY. (33)
RES. 88-392 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT OF SALE WITH TOMMIE LEWIS AND
WASHINGTON J. LEWIS RELATING TO CERTAIN
FIXTURES AND IMPROVEMENTS AT 2002 NORTH MT.
VERNON AVENUE. (34)
RES. 88-393 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO GEORGE
JUGOVIC CONSTRUCTION COMPANY FOR BALLFIELD
LIGHTING IMPROVEMENTS TO FISCALINI BASEBALL
FIELD. (35)
.
RES. 88-394 - RESOLUTION OF THE CITY OF SAN
BERNARDINO REJECTING ALL BIDS FOR THE FUR-
NISHING AND DELIVERY OF UNIFORMS (CITY
WIDE) AND AUTHORIZING A 90-DAY EXTENSION OF
THE PRESENT CONTRACT FOR SUCH SERVICES. (36)
Resolution Nos. 88-391, 88-392, 88-393, and 88-394
were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam,
Miller. Noes: None. Absent: Council Member Minor.
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. (Newsrack Ordinance) (37)
Mayor wilcox requested that the issue of selling
harmful materials to minors be referred to the Legisla-
tive Review Committee to see if an appropriate ordinance
can be drafted.
City Attorney Penman stated the question
is whether or not the Mayor and Council want
blinder ordinance in view of the Governor's
AB2093 last month which prohibits the display
to consider
to enact a
signing of
of certain
.
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,
.
things on the front page of tabloids that are visible to
the public. Penal Code Section 313.1 provides that cities
may have ordinances to require blinder racks.
Mr; Penman stated that Assemblyman Eaves will be
introducing a bill that will permit cities to require
attendants at newsracks. Section 313.1 of the Penal Code
requires attendants in adult book stores to make an effort
to ascertain the age of minors before purchasing one of
these newspapers. Mr. Penman stated his office had re-
searched the constitutionality very carefully and found
that there is no case that has been decided on First
Amendment Grounds that a city may not require the same
type of attendants at a newsrack that are required in an
adult book store, but this is not a matter of constitu-
tionality, it is a matter of pre-emption.
Mr. Penman requested that this issue be referred to
the Legislative Review Committee to determine if the
Council wants to proceed with a blinder ordinance, and
that the ordinance on the agenda be tabled.
.
Council Member Maudsley made a motion, seconded by
Council Member Flores and unanimously carried, that said
ordinance be tabled, and that the matter be referred to
the Legislative Review Committee for consideration of a
blinder ordinance.
Kirk Garvon had questions regarding the Council
action.
City Attorney Penman answered questions, stating the
State has preempted the field and only the legislature may
pass laws regulating newsracks, except for the blinder
provisions.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left the Council Meeting and was
replaced by Sr. Assistant City Attorney Barlow.
ANIMAL CONTROL DIVISION - REAFFIRMATION OF CURRENT
AVAILABILITY LAND ADOPTION PROCEDURES
In a memorandum dated september 23, 1988, Deborah
Biggs, Director of Animal Control, submitted a report of
the Animal Advisory Commission meeting held on July 20,
1988. The following recommendations were made: That the
City Council vote to officially endorse the current avail-
ability and adoption policies of the City of San Bernar-
dino Animal Control Department; and that the City Council
.
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F
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adopt an ordinance prohibiting the sale or donation of any
animal for research, testing, experimental, or teaching
purposes. In the report, Animal Advisory Commission
Member Ms. Overcast explained her no vote on the matter,
stating that morally, she did not want to override the
citizens' vote in June, 1986, on Advisory Measure HH and
felt the policy limiting animal sales could be loosened in
a few of the areas. (49)
Dr. Chandler, Chairman of the Animal Advisory Com-
mission, stated that a Bill has been introduced into
Congress by George Brown that amends the Federal
Laboratory Animal Welfare Act and provides that dogs and
cats will have to be held for seven days rather than three
days. This will have a major effect on animal control
departments and shelters, as the cost will be about
$300,000 for the City of San Bernardino.
Margo Tannebaum, San Bernardino, stated there are
two similar Bills regarding the sale of animals for re-
search purposes being considered in the State Legislature,
Nos. 2703 and 2353, and it is anticipated that either one
or the other will pass.
.
Mayor wilcox commended the Director of Animal Con-
trol, her staff, volunteers and Animal Advisory Commission
for establishing policies that have greatly reduced the
number of calls and complaints regarding that department.
Dr. Chandler stated that the number of animal
adoptions and redemptions are up.
Council Member Reilly made a motion, seconded by
Council Member Estrada, to reject the present policy; to
direct the City Administrator to prepare a new set of
procedural guidelines similar to the recommendations of
Mrs. Theresa Overcast, and submit for Mayor and Common
Council consideration at the council meeting of October
24, 1988. The present guidelines are to be in effect
until October 24, 1988.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Pope-Ludlam,
Miller. Noes: Council Member Maudsley. Absent: Council
Member Minor.
Dr. Chandler questioned overriding the internal
pOlicies established by the Director of Animal Control.
.
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Mayor Wilcox explained that the Council sets policy
for the City.
Margo Tannebaum expressed her opinion that this ac-
tion is a step backwards, as the Animal Control Department
has improved under the present policy, with cleaner condi-
tions, less complaints, and more volunteers.
Mayor Wilcox stated that the City Administrator
should meet with the Director of Animal Control to work
through the policy matters.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - REGULAR MEETING
The Regular Meeting of the Community Development
Commission/Redevelopment Agency was called to order by
Chairman Wilcox in the Council Chambers of City Hall, 300
North "0" Street, San Bernardino, California.
COUNCIL MEMBER MAUDSLEY EXCUSED
Council Member Maudsley left the Council Meeting.
.
RES. 88-395 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
LETTER TO MARUKO, INC., PURSUANT TO CERTAIN
PROVISIONS OF THE OWNER PARTICIPATION AND
DEVELOPMENT AGREEMENT. (R-ll)
City Clerk Clark read the title of the resolution.
Sr. Assistant City Attorney Barlow explained that the
resolution does not make any changes in the agreement, it
is only a financing procedure.
Loren Ostrow, Koar, Inc., in Los Angeles, stated they
were partners of Maruko in the ownership of the Raffles
Hotel Company. He explained the reasons for the change in
financing procedures, and assured the Mayor and Council
that the City's business relationship with the Maruko
Company will not change because of the provisions of this
resolution.
Council Member Miller made a motion, seconded by
Council Member Estrada and unanimously carried, that
further reading of the resolution be waived.
.
Sr. Assistant City Attorney Barlow answered ques-
tions, stating that he had worked with Mr. Ostrow in
making the changes in the agreement, and felt that pro-
tection is provided to the Community Development Commis-
sion and the City.
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Council Member Estrada made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 88-395 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly,
Pope-Ludlam, Miller. Noes: Council Member Flores.
Absent: Council Members Maudsley, Minor.
CITY ATTORNEY PENMAN RETURNED
City Attorney Penman returned to the Council Meeting
and replaced Sr. Assistant City Attorney Barlow.
COUNCIL MEMBER MAUDSLEY RETURNED
Council Member Maudsley returned to the Council
Meeting and took his place at the Council Table.
YWCA - JOINT PUBLIC HEARING - CONTINUED FROM
SEPTEMBER 19, 1988
This is the time and place continued to 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-12)
.
The Common Council, acting as the Community
Development Commission, dispensed with the request to have
Agency staff obtain an appraisal for the YWCA buildings'
1976 value at an estimated cost of $4,500 and requested an
in-house appraisal be done prior to the next Ways and
Means Committee meeting.
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that the
joint public hearing regarding property located at 566 N.
Lugo Street be continued to 11:00 a.m., Monday, November
21, 1988, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
COUNCIL MEMBER FLORES EXCUSED
Council Member Flores left the Council Meeting.
RECESS MEETING - CLOSED SESSION
At 12:05 p.m., Council Member Miller made a motion,
seconded by Council Member Estrada and unanimously car-
ried, that the Regular Meeting of the Mayor and Common
Council recess to Closed Session pursuant to Government
Code Section 54956.8 to discuss with its negotiator the
purchase, sale, exchange or lease of real property, and to
.
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r
.
give instructions to its negotiator concerning the price
and terms of payment for the purchase, sale, exchange or
lease of real property which is generally located at 1535
W. Highland. (RS-l)
CLOSED SESSION
At 12:05 p.m., the Closed Session was called to order
by Mayor wilcox in the Conference Room of the Council
Chambers of City Hall, 300 North "0" Street, San Bernar-
dino, California.
ROLL CALL
Roll Call Call was taken with the following being
present: Mayor Wilcox; Council Members Estrada, Reilly,
Flores, Maudsley, Pope-Ludlam, Miller; City Attorney
Penman. Absent: Council Member Minor; City Clerk Clark,
Deputy City Administrator Richardson.
Also present:
trative Services;
Dennis Barlow, Sr.
Lorraine Velarde, Manager, Adminis-
John Hoeger, Development Specialist;
Assistant City Attorney.
.
ADJOURN CLOSED SESSION
At 1:35 p.m., the Closed Session adjourned to the
Regular Meeting of the Mayor and Common Council in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
RECONVENE MEETING
At 1:35 p.m., the Regular Meeting reconvened in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller;
City Attorney Penman, City Clerk Clark, Deputy City
Administrator Richardson. Absent: Council Member Minor.
RECESS TO RDA BOARD ROOM
At 1:37 p.m., Council Member Estrada made a motion,
seconded by Council Member Miller and unanimously carried,
that the meeting be recessed to the RDA Board Room for a
luncheon workshop for a discussion relative to the General
Plan - density/intensity and gross vs. net.
.
23
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,
.
LUNCHEON WORKSHOP - DISCUSSION RELATIVE TO THE
GENERAL PLAN - DENSITY/INTENSITY AND GROSS VS. NET
At 1:40 p.m., the luncheon workshop for the discus-
sion relative to the General Plan - Density/Intensity and
gross vs. net, was called to order by Mayor wilcox in the
Redevelopment Agency Board Room, 4th Floor, City Hall, 300
North "D" Street, San Bernardino, California. (42)
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Miller; Deputy City
Attorney Empeno, City Clerk Clark, Deputy City Administra-
tor Richardson. Absent: Council Members Minor, Pope-
Ludlam.
.
Also present: From the Planning Department: Interim
Director Loehr; Principal Planners Bautista, Ross; Members
of the Citizen Advisory Committee: Roland Roy, Helen
Kopczynski, Courtney Buse, Jim Kennedy; Planning Commis-
sioner Alex Sharp; City staff: Sr. Assistant City Attorney
Barlow; Executive Assistant to the Mayor Bennecke; Execu-
tive Assistant to the Council Arvizo; Assistant to the
City Administrator Wilson; Bruce Hill, Production Specia-
list I; From the Redevelopment Agency: Lorraine Velarde,
Manager, Administrative Services; John Hoeger, Development
Specialist.
Principal Planners Bautista and Ross gave a slide
presentation on residential densities.
Courtney Buse, member of the CAC, questioned whether
or not front yard setback requirements could be reduced in
exchange for having a wider frontage.
Mr. Loehr answered questions.
Mr. Loehr also answered questions regarding the time
frame for the completion of the General Plan, stating that
he is in the process of meeting with the consultant who is
preparing a time line.
Mr. Loehr presented some of his recommendations and
stated that planning areas needed to be defined, standards
should be adopted by area, and that the environmental
review process needs to be moved forward for use in
decision making.
.
24
10/3/88
.
An issue was raised concerning the number of people
whose property use designation were changed during the
Interim Plan process and were unaware of the change.
Mr. Loehr stated that all requests for property use
designation actions have been documented.
Jim Kennedy, CAC member, requested that anyone
appearing before the Council must have appeared before the
CAC and Planning Commission prior to being heard by the
Council.
At 1:55 a.m., Council Member Maudsley made a motion,
seconded by Council Member Flores and unanimously carried,
that the meeting be recessed until 2:fHl p.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING
At 2:13 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, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Clark, Acting City Adminis-
trator Richardson. Absent: Council Members Estrada,
Minor.
APPEAL - STANDARD REQUIREMENT CONDITION NO. 41 _
TENTATIVE TRACT NO. 13457 - STORM WATER DRAINAGE
FEE - CONTINUED FROM SEPTEMBER 19, 1988
This is the time and place continued to for consid-
eration of 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. (50)
In a letter dated September 27, 1988, Christopher A.
Faber, Project Manager, Forecast Corporation requested
that the appeal be withdrawn.
COUNCIL MEMBER ESTRADA ARRIVED
At 2:16 p.m., Council Member Estrada arrived at the
Council Meeting and took her place at the Council Table.
.
25
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Deputy City Attorney Empeno advised that since the
appellant had withdrawn the appeal, the decision of the
Planning Commission was final and no further action need
be taken on this matter.
APPEAL - PLANNING COMMISSION'S DENIAL _
TENTATIVE TRACT NO. 13307 - DENNIS STAFFORD _
IRVINGTON AND BELMONT AVENUES EAST OF CHESTNUT
WEST OF PALM AVENUE
This is the time and place set to hear an appeal
dated August 10, 1988, filed by Dennis Stafford on behalf
of Mirna-Overland Enterprises, regarding the Planning
Commission's technical denial of a 70 lot subdivision. The
project is located between Irvington and Belmont Avenues
east of Chestnut and west of Palm Avenue. (51)
.
In a memorandum dated September 23, 1988, Michael W.
Loehr, Interim Planning Director, stated that at their
meeting of August 8, 1988, the Planning Commission failed
to make a recommendation for approval or denial which
caused it to be a technical denial. The letter recom-
mended that Tract No. 13307 be denied based upon the con-
clusion that the necessary off-site Verdemont Area infra-
structure master plan, implementing financing and sub-
sequent environmental review of those elements has not
been completed.
Mayor wilcox opened the hearing.
Mr. Loehr explained that staff had recommended a
Negative Declaration but due to citizen opposition it was
not approved by the Planning Commission. In response to
the concerns of the citizens who raised questions, an
outside environmental specialist was secured to review the
process and also made some recommendations for additional
review.
In the Verdemont Area there is an existing certified
EIR which has tiers which means some questions must be
answered on a tract by tract basis, such as grading and
soil analysis.
Mr. Loehr stated that he had asked the applicant for
a continuance until October 17, 1988, in order to give a
detailed presentation of those issues raised at the
Planning Commission meeting but Mr. Loehr stated that
because of the Permit Streamlining Act the applicant would
have to give approval for a continuance. The applicant
said" No".
.
26
10/3/88
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Deputy City Attorney Empeno stated that there were
provisions in the Government Code which are referred to in
the Permit Streamlining Act which mandates an automatic
approval after a given period of time.
He sta ted the the Perm i t Streaml ining Act does not
require Council to automatically approve this item and en-
couraged Council to have the applicant state his agreement
to the continuance until the next meeting.
Mr. Empeno answered questions regarding the deadline
of the Permit Streamlining Act explaining that its
normally one year.
.
Mr. Empeno explained that the applicant had received
a completion letter dated December 24, 1986, and with the
provisions of the Permit Streamlining Act there is
normally a one year period of time in which the appli-
cation should be acted upon or deemed approved. However,
in the intervening period of time there was the
moratorium, lawsuits and the Interim Policy Document. He
stated he doesn't have a computation on the period those
took up in the intervening one year and ten months. He
added that he f el t the Counc il had the author i ty to
continue the item until the next meeting.
Mr. Loehr answered questions, stating that staff
determined that the proposed tract was in line with what
was to be accomplished in the Verdemont Area and they had
recommended approval. However, testimony at the Planning
Commission revealed environmental weaknesses which were
confirmed by an outside consultant. Denial is recom-
mended only in the event a continuance cannot be obtained.
Mr. Loehr explained that some of the environmental
problems were habitat for the endangered species, drain-
age, traffic, sewer and water issues and these will be
addressed as part of the environmental process for the
infrastructure plan.
Dennis Stafford, W. J. McKeever Inc., representing
Mirna-Overland Enterprises, stated that this matter has
been on file since December 24, 1986, the application was
deemed complete and a Negative Declaration was recom-
mended.
Mr. Stafford stated
redesigned to bring it
Interim Policy Document
that the tract has been slightly
in to conformance with the
and that staff had originally
.
27
10/3/88
.
recommended approval of the tract but at the Planning
Commission meeting held August 8, 1988, it was denied by
a split 3 to 3 vote.
He stated that staff is now saying that they had
environmental problems with the infrastructure plan which
they were conditioned to and agreed to participate in.
Mr. Stafford stated that he is looking for an end to
this process which has gone on two years but he agreed to
the continuance of this matter to the meeting of October
24, 1988, if there is a guarantee that these issues will
be finalized on the 24th.
Mr. Loehr stated that the issues of infrastructure
status, the EIR, and how the State project will relate
to the Verdemont plan, will be resolved by the 24th.
Mr. Loehr answered questions regarding the EIR for
the infrastructure plan. He stated they would have the
data necessary for the tracts on the 24th.
.
City Attorney Penman asked Mr. Stafford the following
a) you have asked the Council to continue this matter
until October 24, 1988, and you represent the owner
Mirna-Overland Enterprises? b) are you making this re-
quest on their behalf?
Mr. Stafford answered the above questions by saying
"Yes".
Mr. Penman asked Mr. Stafford if he had the authority
to waive any rights they may have to this hearing today.
Mr. Stafford replied that he did not have legal au-
thority to do that but there was a representative from
Mirna-Overland Enterprises present.
Mr. Jamal Ali Ahmad, a partner of Mirna-Overland
Enterprises, answered questions of Mr. Penman stating that
he was authorized to speak for the other partners.
Mr. Penman asked Mr. Ahmad the following questions:
a) are you joining Mr. Stafford's request for continuance
to October 24, 1988? b) do you as an individual and on
behalf of your fellow partners waive any rights that you
may have to this hearing today? and c) do you also make
that waiver on behalf of your partners?
.
28
10/3/88
f
.
Mr. Ahmad answered the above questions by saying
"Yes".
Council Member Flores made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the appeal of Tentative Tract No. 13307 be continued to
October 24, 1988, in the Council Chambers of City Hall,
300 North "0" Street, San Bernardino, California.
APPEAL - PLANNING COMMISSION DENIAL _
TENTATIVE TRACT NO. 13603 - MCKEEVER ENGINEERING _
OHIO AVENUE AND CHESTNUT AVENUE
This is the time and place set to hear an appeal
dated August 10, 1988, filed by McKeever Engineering for
owner John Markley, on the Planning Commission's effective
denial of Tentative Tract No. 13603, located on the south
side of Ohio Avenue and on the east side of Chestnut. (52)
In a memorandum dated September 23, 1988, Michael
Loehr, Interim Planning Director, gave the background of
the proposed development and stated that Tentative Tract
No. 13603 was effectively denied by the Planning's Com-
mission on August 9, 1988, on a three to three vote.
.
Mr. Loehr stated this tract was similar to the
previous one in that staff had reviewed it and found it
compatible with the IPD and Verdemont Plan and
recommended a negative declaration. However,
environmental concerns were raised at the Planning
Commission hearing process.
He also indicated that the environmental analysis of
the proposed development, as it relates to the infrastr-
ucture plan has not been performed but will be available
on the 24th. Otherwise, they will have to recommend
denial at this time.
Mayor Wilcox opened the hearing.
Mr. Loehr requested that the meeting be continued to
October 24, 1988, so that an updated infrastructure plan,
including the financing and the subsequent environmental
review be made avaliable for Council's review.
Deputy City Attorney Empeno explained that the Permit
Streamlining Act would not prohibit a continuance because
the application had been made on March 15, 1988.
.
29
10/3/88
.
Mr. Empeno encouraged Council to ask applicant if he
agreed to the continuance of this item.
Discussion ensued regarding the waiving of rights
that an applicant might have to a hearing.
City Attorney Penman answered questions regarding the
speedy permit process stating that the Permit Streamlining
Act (speedy permit process) is not a factor at this point
since the application was filed on March 15, 1988, but
anytime a continuance is requested it is worthwhile to ask
the applicant to waive rights.
Mr. Empeno added that the time period under the act
is one year but even that could be extended given certain
circumstances.
John Edwins, 445 S. Arrowhead, San Bernardino, Calif-
ornia 924B8, representing John Markley, stated that he
wished to continue with the hearing and abide by the de-
cision of the Council.
.
Mr. Edwins stated he filed his appeal letter on the
day of the Planning Commission's tie vote. Fifty-one days
has elapsed since that time and he had never been informed
in writing that Planning wanted a continuance or that
there were any problems with the application. He added
that he never gave permission for a continuance and he has
been continued five times.
City Attorney Penman stated that the decision to
proceed would be at the discretion of the Council.
Michael Loehr, Interim Planning Director, explained
the reasons why information was not forthcoming to Mr.
Edwins during the past 51 days.
Mr. Loehr stated that questions were raised con-
cerning the adequacy of the Regional Environmental Impact
Report of the Verdemont Plan, sewer, water, transportation
and flood control. Outside consultants were secured to
review and develop a plan that would address those issues.
Since the Planning Commission meeting, staff met with
State and County agencies; the County found the City's
storm drain plan inadequate concerning the calculation of
water flow.
.
3B
IB/3/88
I
.
Mr. Loehr further explained that staff had to
identify the overall issues and develop an infrastructure
plan which cannot be challenged, and find funding for it.
Without the plan and funding, Planning cannot give full
environmental clearance.
Mr. Loehr stated that
approval, and other issues
would be complete and made
of October 24, 1988.
it is hoped the conditions of
for Tentative Tract No. 13603
available for the next meeting
When asked for clarification, Mr. Loehr stated he
will have a recommendation on the 24th.
Mr. Edwins stated that his attorney advised that he
not agree to a continuance. The project has already ex-
ceeded the Permit Streamlining Act by 15 days.
Mr. Edwins added that part of the problem is the
difficulty of obtaining information from the Engineering
Department. He has had the property for eight (8) years
and participated in the Verdemont plan and he agreed to
participate in the infrastructure plan that was adopted
May 23, 1988.
.
Mr. Edwins stated he is not asking to go out and
build homes today. He is asking to be given tentative
approval so he can continue processing while the improve-
ment plans are worked out. He added that he has complied
with everything the City has asked him to do since the day
he first filed on this tract. He is not asking for a
variance, just to build what was approved in the Interim
Policy Document.
Mr. Edwins answered questions of City Attorney Penman
and explained how he determined that the Streamlining Act
had run out. He stated that his first contact with
Planning on the tract was June 12, 1986, and he has the
documentation to substantiate that. However, his counsel
has advised him to operate from the March 15th date as
this 6 month provision of the act has triggered an
approval.
Mr. Edwins agreed to participate in the infrastruc-
ture plan that was adopted May 23, 1988.
City Attorney Penman requested a one-hour continuance
to confer with staff.
.
31
10/3/88
r
.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
appeal hearing of Tentative Tract No. 13603 be continued
for one-hour. (See page 38 )
CITY HOUSING AUTHORITY COMMUNITY HOSPITAL _
SENIOR CITIZEN COMPLEX - MEDICAL CENTER DRIVE
16TH STREET, FLORES STREET AND 19TH STREET
In a memorandum dated September 26, 1988, Michael
Loehr, Interim Planning Director, stated that during the
public hearings held to adopt the Interim Policy Document
and the Preferred Land Use Alternative map, the intent was
to include this proposed development in the MU-6 (Mixed
Use-6) designation. (53)
Mr. Loehr explained in his memorandum that during the
consideration of the Preferred Land Use Alternative "E",
and the adoption of the Preferred Land Use Alternative Map
on May 23, 1988, the project and proper land use design-
ation were inadvertently excluded from the final map.
.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried that
the Preferred Land Use Alternative map be amended by
changing that portion of land owned by the San Bernardino
Community Hospital west of Medical Center Drive, north of
16th Street, east of Flores Street, south of 19th Street,
and currently designated RS (Residential Suburban), to
MU-6 (Mixed Use-6).
APPEAL - PLANNING COMMISSION'S DENIAL
OF REVIEW OF PLANS NO. 88-60 - NORTHEAST
CORNER OF WATERMAN AND HOSPITALITY LANE
CONTINUED FROM SEPTEMBER 19, 1988
This is the time and place continued to for consid-
eration of an appeal filed by Michael Palmer & Associates,
representing M.S. Partnership on the Planning Commission's
denial of Review of Plans No. 88-60, for construction of a
multi-tenant retail building. The request is for property
located at the northeast corner of Waterman Avenue and
Hospitality Lane. (54)
Mayor Wilcox opened the hearing.
City Clerk Clark stated that a letter had been re-
ceived September 29, 1988, from James B. BOlton, Michael
Palmer & Associates, 3403 Hancock Street, San Diego, CA
92110, requesting a continuance to October 17, 1988, to
allow for a better presentation to Council.
.
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10/3/88
.
Bob Holcomb was present to represent La Mancha
Development Company.
James Bolton of Long Beach, California, stated that
on behalf of Michael Palmer & Associates he had drafted
the letter of September 28, 1988, requesting a continuance
to the next Council meeting.
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that the
appeal hearing regarding denial of Review of Plans No.
88-60 be continued to October 24, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
APPROVAL OF IPD AMENDMENT - POLICY #12-
VERDEMONT INFRASTRUCTURE REQUIREMENTS
In a letter dated September 27, 1988, Michael Loehr,
Interim Planning Director, recommended an amendment to
Policy Twelve, Subsection D, of the Interim Policy Docu-
ment, which would read as follows: (S-3)
.
"D. Final development of approved tentative tracts
in the Verdemont Area shall be allowed if:
1) all the lots of the proposed subdivision are
10,800 square feet or larger;
2) the tentative tract was approved prior to June 9,
1988; and,
3) the tentative tract is still within the original
approval time period."
The letter explained that Tract 12413, which is
located on the east side of Palm Avenue, north of the
centerline of Ohio Avenue, was at the stage of having
obtained approval in March of 1986, and was subsequently
prevented from finalizing the subdivision due to the mor-
atorium. The proposed amendment would allow this par-
ticular subdivision to proceed with the process of de-
velopment.
Deputy City Attorney Henry Empeno distributed a copy
of Government Code Section 65961 which prohibits addi-
tional conditions after approval of certain maps, and
.
33
10/3/88
.
recommended that as this Government Code Section exempts
the above mentioned tract from the additional infrastruc-
ture conditions imposed on May 23, 1988, by the Mayor and
Council, there was no need to take action as recommended
by the Planning Director. Instead, the item should be
tabled.
The Planning Director, City Attorney and Deputy City
Attorney answered questions.
The Mayor and Council discussed the recommendations
of the Planning Director and City Attorney.
Council Member Estrada made a motion,
Council Member Reilly and unanimously carried
S-3 be tabled.
seconded by
that Item
.
AYSO SOCCER PARK - PACIFIC AND ORANGE _
REQUEST FOR FINANCIAL SUPPORT - CONTINUED
FROM SEPTEMBER 19, 1988
This is the time and place continued to for consid-
eration of a request from Roger Itaya, Regional Commis-
sioner of the American Youth Soccer Organization, for fin-
ancial support and ballfield maintenance of the AYSO Park
located at Pacific and Orange Streets. (38)
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that the
request for financial support and ballfield maintenance
for AYSO be continued to October 24, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
HISPANIC CHAMBER OF COMMERCE - EMPLOYMENT
PREPAREDNESS PROJECT - AUTHORIZATION TO CLOSE
FUND AND TRANSFER MONIES - CONTINUED FROM
SEPTEMBER 19, 1988
This is the time and place continued to for consid-
eration of 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. (39)
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that staff
be authorized to close out the FY 1987/88 CDBG-funded
Hispanic Chamber of Commerce "Employment Preparedness"
project, and that funds in the amount of $22,285.50 be
transferred to the CDBG Appropriated Reserve Account.
.
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10/3/88
I
.
TRAFFIC SYSTEMS FEE - RETAIL COMMERCIAL
DEVELOPMENT - SOUTHEAST CORNER OF WATERMAN
AVENUE AND THIRD STREET - MERICKEL DEVELOPMENT
REQUEST FOR WAIVER -CONTINUED FROM SEPTEMBER 19, 1988
This is the time and place continued to for consid-
eration of a request from Merickel Development for waiver
of traffic system fees for retail commercial development
at the southeast corner of Waterman Avenue and Third
Street. (40)
In a memorandum dated September 13, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that Merickel Development had 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.
Mr. Hardgrave eXplained that Building "A" is one of
five buildings approved for the site, but not yet con-
structed. The Traffic System Fees for Building "A" were
calculated to be $34,827.00, based on the proposed retail
use and on 2,820 new vehicle trips generated per day.
.
The Traffic System Fee was imposed by Ordinance No.
MC-628, which received final approval on June 7, 1988, but
did not become effective until July 7, 1988, due to the
mandatory 30 day waiting period. Legal requirements for
advertisement of the proposed ordinance were met via the
newspaper, Council Agenda and notices posted at the front
counter of the Engineering Division.
Mr. Hardgrave stated that in his opinion, the adver-
tisement of the proposed fee was adequate and therefore,
he does not recommend a waiver based on lack of notifi-
cation.
Mr. Hardgrave stated that his records indicate the
building permit was not applied for until August 19, 1988,
therefore, this project being a new and substantial
traffic generator, is clearly subject to the fees.
However, Merickel Development does appear to be eligible
under the ordinance for a credit of $1,548.00 against
Building "A" Traffic System Fees.
In a letter dated September 19, 1988, John Lightburn,
representing Merickel Development, requested that the
$34,000.00 Traffic System Fee be waived based on the
following situations beyond the control of the developer:
.
35
10/3/88
.
1. Phase II of the Warm Creek Center project was
delayed during the period of time the City was
implementing Resolution No. 88-140 (Traffic System Fee)
and the finalization of development plans.
2. Structural improvements to the design of Building
"A" needed to be made and based on the City's
recommendation in order to avoid further delay and costs,
Merickel Development deferred completing the plan check
process and pulling of permits.
3. The grading
because of the drainage
and Southern California
plan approval
easement dispute
Edison Company.
had been delayed
between the City
Mr. Lightburn explained that at no time during the
planning approval process was Merickel Development
informed or made aware of the impending traffic system
fees, and to add an additional $34,000.00 fee would place
an undue burden on the project's commercial and economic
viability.
.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting and took her place at the Council Table.
Mr. Lightburn stated that the Environmental Review
Committee had approved this project on July 1, 1982.
Jim RiChardson, Deputy City Administrator, and Roger
Hardgrave, Director of Public Works/Engineering, answered
questions regarding the fee increase notification process.
Mr. Lightburn stated that he was not aware of the
traffic system fees until after the adoption of Resolution
No. 88-140 which was on May 23, 1988. He emphasized that
the revisions requested by Engineering are what delayed
processing and placed this project in a position of going
into the timeframe for the higher fees. The project
owners revised the plans at the request of the Engineering
Division who did not inform them of the implications of a
delay.
City Attorney Penman explained that there is no pro-
vision under the ordinance which allows for a waiver of
fees. He indicated that Resolution No. 88-140 does permit
a non-transferable credit against the Traffic Systems Fee.
.
36
10/3/88
.
The City Attorney explained why an ordinance amend-
ment could not create a waiver.
Roger Hardgrave answered questions stating that the
amount of non-transferable credits for Buildings B, C, 0,
and E was approximately $2,500.00.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that a
non-transferable credit of $1,5480.00 , be applied against
Building "A" of the Traffic System Fees; and that any
future non-transferable credits against the Traffic
Systems Fee for Buildings "B", "C", "0", and "E", be
authorized subject to the condition that Merickel
Development applies for building permits as owner and pays
the Traffic Systems Fee for each building.
RECESS MEETING - CLOSED SESSION
At 4:05 p.m., Council Member Miller made a motion,
seconded by Council Member Pope-Ludlam and unanimously
carried that the meeting recess to Closed Session to
confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9(b) (1), as
there is significant exposure to litigation. (57)
.
At 4:05 p.m., the Closed Session was called to order
by Mayor Wilcox in the Conference Room of City Hall, 300
North "0" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present:
Mayor Wilcox; Council Members Estrada, Reilly, Flores,
Maudsley, Pope-Ludlam, Miller; City Attorney Penman,
Deputy City Administrator Richardson. Absent: Council
Member Flores, Minor and City Clerk Clark.
Also present were: Deputy City Attorney Empeno,
Michael Loehr, Interim Planning Director, John Montgomery,
Principal Planner, Dennis Barlow, Sr. Asst. City Attorney.
ADJOURN CLOSED SESSION
At 4:45 p.m., the Closed Session adjourned to the
Regular Meeting of the Mayor and Common Council in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
.
37
10/3/88
!
.
RECONVENE MEETING
At 4:45 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
Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller.
City Attorney Penman, City Clerk Clark, Deputy City Admin-
istrator Richardson. Absent: Council Member Minor.
APPEAL - TENTATIVE TRACT NO. 13603 - OHIO AND
CHESTNUT AVENUES - MCKEEVER ENGINEERING,
MARKLEY AND EDWINS
This is the time and place continued to for an appeal
dated August 10, 1988, filed by Dennis Stafford of
McKeever Engineering on behalf of John Markley. Mr.
Stafford appealed the Planning Commissions effective
denial (3 to 3 vote) of Tract No. 13603 located on the
southeast corner of Ohio Avenue and Chestnut Street.
(Thi s was continued from ear 1 ier in the meeting) (52)
(See Page 29 )
.
Earlier in the meeting, property owner John Markley
was represented by Mr. John Edwins, 445 South Arrowhead
Avenue, San Bernardino. Mr. Edwins raised legal questions
regarding the timely processing of the tract with regard
to the permit streamlining provisions of the government
code.
The City Attorney requested a delay to meet with the
Planning Director and staff. (See Page 31 )
Mayor wilcox reopened the hearing.
Mr. Edwins referred to a Council action that had
taken place in the interim, Supplemental Agenda Item S-3,
and objected to the inconsistency in this action. He
stated that one developer in Verdemont (Dave Mlynarski's
Tract No. 12413 located on the east side of Palm Avenue
and north of the center line of Ohio Avenue), who had
tentative approval before the May 23rd Council action on
infrastructure was allowed to amend his tract map to con-
form to the Interim Policy Document. This development was
before the Planning Commission at the same time as Tract
No. 13603, July 5, 1988, aRd was allowed to go forward. It
has also been exempted from the May 23rd requirements for
.
38
10/3/88
~
.
participation in the Verdemont Infrastructure Plan. He
also pointed out that other tract maps have made it
through the system since the time that the Planning
Director has become aware of what the Planning Director
terms "environmental inconsistencies" such as a discre-
pancy in calculating the "q's" for water flow.
Mr. Edwins requested that Tentative Map 13603 be
approved based on the fact that there was a Council action
on May 23, 1988, allowing those who agree to participate
in the improvement plan to process all the way up to
building permits, and stated that is all he is asking for.
John Edwins answered questions from the Council con-
cerning the action of the Planning Commission on August 9,
1988. Because two Commissioners were absent, and one
abstained due to the proximity of the Commissioner's resi-
dence to this tract, his project got a three-three vote.
At the same Planning Commission meeting, the Commissioner
who abstained due to the proximity to Mr. Edwin's project,
felt free to vote in favor of a project that was directly
across the street from his home. That project was
approved and Mr. Edwin's project was effectively denied.
.
Mr. Edwins expressed his willingness to comply with
all conditions as set forth by staff for this tract.
Mr. Glen Gibson, 6495 Palm Avenue, stated that he is
not in favor of this tract because he feels the lot size
is not compatible with what exists in the surrounding
area. He requested modifications in the tract to a larger
lot size and stated that all homes surrounding the area
are one acre or larger. ~ He was also concerned about
density and traffic impact.
Helen Kopczynski, 8150 Cable Canyon, stated that as
she did not expect the Council to hear this action she did
not come prepared, however, she expressed her concern that
the infrastructure plan for Verdemont has not been viewed
by the public. She also expressed concern about the
Supplemental Item S-3, pertaining to another tract. Tract
No. 12413 located on the east side of Palm Avenue and
north of the centerline of Ohio Avenue, Dave Mylnarski,
applicant. She stated that this project has been
illegally grading and will now be allowed to pull permits
without participating in the overall infrastructure plan
that is being developed for the area.
.
39
10/3/88
.
Deputy City Attorney Empeno addressed Ms.
Kopczynski's questions on Tract No. 12413 by citing
Government Code Section 65961 which references recorded
final maps.
Ms. Kopczynski stated that Tract 12413 had been
changed because under the Verdemont plan the project was
previously designated 14,400 sq. feet and is now building
on lots reduced down to 10,800 sq. feet. Therefore, he
did not have a final map.
Mayor Wilcox requested the hearing return to Mr.
Edwins' tract.
Ms. Kopczynski requested the Mayor and Council look
at an aerial of the Verdemont area showing drainage in the
area where the new tracts will be located.
Ms. Kopczynski stated that the Mayor and Council are
not being accountable to all the citizens because she does
not believe the Council is looking at the larger picture
in Verdemont.
.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
hearing be closed.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
decision of the Planning Commission be reversedi the
Negative Declaration be adoptediand that Tentative Tract
No. 13603 be approved, subject to the Findings of Fact
(Attachment "B"), Conditions of Approval and Standard
Conditions (Attachment "C"), and Standard Requirements
(Attachment "0") and with the understanding that Mr.
Edwins specifically agrees to participate in the improve-
ment plan and to the condition requiring him to hold the
City harmless if a lawsuit is filed against the City con-
cerning this project.
Mr. Edwins agreed to comply with the above condi-
tions and all the conditions set forth in the staff re-
commendation.
ABATEMENT - MAMLOUK - 765 NORTH "0" STREET _
REQUEST FOR EXTENSION OF TIME - CONTINUED FROM
SEPTEMBER 19, 1988
This is the time and place continued to for consid-
eration of a request from W. R. HOlcomb, Attorney on
behalf of Albert Mamlouk, for clarification of Council
.
40
10/3/88
.
action and 160 day extension of time for property located
at 765 North "0" Street. (55)
In a letter dated September 14, 1988, W. R. Holcomb,
Attorney at Law for Albert Mamlouk, lessee of 765 North
"0" Street, requested that the Council clarify the intent
of their action of August 15, 1988, by specifying that Mr.
Mamlouk can continue operation of this business for an
additional 160 days pending completion of his new store.
At their meeting of August 15, 1988, the Mayor and
Council heard an appeal filed by Albert Mamlouk on the
Board of Building Commissioners decision to vacate
permises, secure and demolish the property located at 765
North "0" Street. The Council granted a 30 day extension
to Mr. Mamlouk in order to get an engineer's report under
the condition that an insurance rider be brought in,
within 72 hours, which is acceptable to the City and holds
the City harmless during the 30 day extension and also on
the condition that no third party or other tenants be
allowed in the building within the 72 hour period.
.
In a letter dated September 21, 1988, Mark Sutton,
Director of Building and Safety, gave a detailed descrip-
tion of all staff, Commission and Council action, taken to
date on this property.
Mr. Sutton was present and explained that the
building is still in a dangerous condition. A set of
plans has been filed by the property owner, Mr. Korchak,
to downgrade the building to a wood frame structure by
jacking up the roof structure, removing the non-reinforced
masonry walls and replacing them with stud walls. He
added that until the building is totally rehabilitated, it
will still be dangerous.
Mr.
temporary
behalf of
Sutton answered questions, stating that the
restraining order obtained by Mr. Holcomb, on
Mr. Mamlouk, expires on October 5, 1988.
Deputy City Attorney John wilson explained the
conditions imposed by the temporary restraining order.
The Director of Building and Safety spoke regarding a
plan submitted by Mr. James Rowe, representing himself as
owner of the property, for the building of another
business next door. He also spoke regarding the problem
with understanding who is the owner of the property.
.
41
10/3/88
,
.
Mr. Sutton answered questions and referred to an
analysis prepared by engineer Frank Tracadas who stated
that rehabilitation of the building is not economically
feasible.
Mr. Charles Racoosin, representing the owner of the
property at 765 North "0" Street, addressed the engineer's
report and disagreed with Mr. Tracadas report and the
testimony of the Director of Building and Safety. He also
spoke regarding the plans that had been turned into
Building and Safety for rehabilitation of the building at
765 North "0" Street.
Building and Safety Director Sutton answered
questions regarding the status of the plans that were
turned in for plan check and reiterated that the building
is still dangerous.
W. R. Holcomb, Attorney for Albert Mamlouk, stated
that Mr. Mamlouk has his life savings tied up in the
building and referred to the report of the civil engineer
hired by the owner which states that the building is safe.
He added that Mr. Mamlouk is an engineer himself who feels
quite safe in the building and added that the building is
only one story and therefore, has a light structural load.
.
Mr. Holcomb stated that with cooperation of the
Building Department, Mr. Mamlouk could have a minimum of
inconvenience. He complained about the Building Depart-
ment handling of the matter, and he emphasized that the
neighborhood relies on this store for their refrigerated
products.
City Attorney Penman answered questions stating the
City has definite liability and recommended that the
Council make their decision today, based upon what they
hear from the various witnesses at the hearing.
W. R. Holcomb disagreed, stating that
liability is remote. He requested time
authorization to proceed with the plan check.
the City I s
limits and
Deputy City Attorney Wilson emphasized that this has
been before the Council over a year and that every remedy
requested by Council at this point has previously been
available to the applicant by just coming in and
requesting it to the Department of Building and Safety.
This person is requesting extraordinary relief.
.
42
10/3/88
.
W. R. Holcomb stated that Mr: Mamlouk has just come
back to the Council to request clarification on their
previous motion. He stated that the Municipal Code is
vague on who is entitled to notice in abatement actions
and that Mr. Mamlouk did not receive adequate notice from
the City.
The Director of Building and Safety responded to Mr.
Holcomb's charges and spoke regarding his experiences in
touring the Whittier earthquake. This building shows
signs of deterioration and is still dangerous, therefore
he supports the decision of the Board of Building
Commissioners and recommendation of Deputy City Attorney
Wilson.
The Mayor and Council discussed the alternatives, one
of which was to give Mr. Mamlouk time to relocate.
W.
Mamlouk
his new
R. Holcomb requested the Council to give Mr.
120 days to relocate. By that time he would have
building nearly completed.
.
The Director of Building and Safety answered
questions regarding the status of the plans for the new
building and for the rehabilitation of the old building.
Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam, that Mr. Mamlouk be given 60
days to relocate his business conditioned upon the
appellant continuing the hearing presently pending in
Court, and subject to the insurance requirements set forth
in the August 15th motion.
W. R. Holcomb stated that Mr. Mamlouk has a very
substantial inventory in the business and the sixty days
would be necessary for him to move his stock.
The motion failed by the following vote:
Council Members Estrada, Pope-Ludlam; Noes:
Members Reilly, Flores, Maudsley, Miller; Absent:
Member Minor.
Ayes:
Council
Council
This motion was discussed.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam, that a finding be made that
Mr. Mamlouk did not conform to all of the conditions for
the continuance granted at the meeting of August 15, 1988,
.
43
10/3/88
.
however, Mr. Mamlouk is to receive an extension until
November 7, 1988, on the condition that he meet the
insurance requirements of August 15, 1988.
Mike Bailey, with P.E. Systems, stated that he had
submitted plans on behalf of Mr. Mamlouk for a new
building and stated he felt that the onus for compliance
on the old building was with the building's owner, Mr.
Korchak.
Mr. Sutton clarified this information for the
Council.
After discussion, Council Member Miller made a sub-
stitute motion, seconded by Council Member Pope-Ludlam,
that a finding be made that Mr. Mamlouk did not conform to
the conditions of the August 15th motion.
The motion carried by the following vote:
Council Members Estrada, Reilly, Pope-Ludlam,
Noes: Council Members Flores, Maudsley. Absent:
Member Minor.
Ayes:
Miller.
Counc il
.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam, that the decision of the Board
of Building Commissioners be stayed for 30 days until
November 7, 1988, on the condition that Mr. Mamlouk supply
the insurance as required by the August 15th motion.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Maudsley, Pope-Ludlam,
Miller. Noes: Council Member Flores. Absent: Council
Member Minor.
Mayor wilcox clarified that motion by stating that on
November 7, 1988, the building comes down. If someone
comes in with plans to remodel the building to bring it up
to code, the tenant still must move while the building
undergoes remodelling.
RECESS MEETING - CLOSED SESSION
At 6:03 p.m., Council Member Miller made a motion,
seconded by Council Member Estrada and unanimously
carried, that the meeting recess to Closed Session pur-
suant 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:
.
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--T---
.
Kendall vs; Merlin Anderson, et al - San Bernardino
Superior Court Case No. 233233.
CLOSED SESSION
At 6:03 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 Estrada, Reilly, Flores,
Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City
Clerk Clark, Jim Richardson, Deputy City Administrator.
Absent: Council Member Minor.
Also present were Attorney Gail Sandstrom, and
Attorney Clifton Smith.
CITY CLERK CLARK EXCUSED
City Clerk Clark left the Closed Session.
.
ADJOURN CLOSED SESSION
At 6:15 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 6:15 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, Pope-Ludlam, Miller. City
Attorney Penman, City Clerk Clark, Deputy City Adminis-
trator Richardson. Absent: Council Member Minor.
VACATION OF ALLEYS - 28TH STREET AND CAJON BLVD
MEDICAL CENTER DRIVE AND CALIFORNIA STREET _
FINDING OF NEED FOR HEALTH AND SAFETY REASONS _
CONTINUED FROM SEPTEMBER 19, 1988
This is the time and place continued to for consid-
eration of a Finding of Need for health and safety
reasons; authorization to proceed; and plan approval for
the proposed vacation of alleys located between 28th
Street and Cajon Blvd.; Medical Center Drive and
California Street. (41)
.
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.
In a memorandum dated May 213, 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. (41)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley 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 24, 1988, in the Council Chambers of City Hall,
31313 North "D" Street, San Bernardino, California.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
.
COUNCIL PERSONNEL COMMITTEE REPORT -
SEPTEMBER 22, 1988 - COUNCIL MEMBER REILLY
Council Member Jack Reilly, Chairman of the Council
Personnel Committee, gave the report of the Council
Personnel Committee meeting held on September 22, 1988.
The following item was on the agenda: (43)
1. Resolution of the City of San Bernar-
dino Authorizing the Execution of an Em-
ployment Agreement for the Position of City
Administrator - The resolution and employ-
ment agreement were very thoroughly re-
viewed by the City Attorney and the Com-
mittee members. After considerable dis-
cussion the Committee unanimously recom-
mended that the City not enter into an
employment agreement with Mr. Robbins. The
general consensus was that everyone has the
utmost respect for Mr. Robbins but they did
not feel that the City could or should be
committed for a lengthy period to such a
lucrative employment agreement. Mr.
Robbins position was that if no confirma-
tion of the agreement was forthcoming he
would be willing to continue in the acting
capacity he now is in. The Committee ad-
vised him that if there was any change in
his position they would call a special
meeting to hear his recommendation.
.
46
113/3/88
.
Council Member Estrada made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
minutes of the Council Personnel Committee meeting of
September 22, 1988, be received and filed.
LEGISLATIVE REVIEW COMMITTEE REPORT -
SEPTEMBER 22, 1988 - COUNCIL MEMBER REILLY
Council Member Reilly, Chairman of the Legislative
Review Committee, gave the report of the Legislative
Review Committee meeting held on September 22, 1988. The
fOllowing items were on the agenda: (44)
.
1. Parking Trucks on Residential Streets
and Other Amendments to Municipal Code
Regarding Parking Violations - The Com-
mittee recommended approval of the amend-
ments as recommended by the Public Build-
ings Superintendent and the City Attorney.
Additionally the Committee recommended
deletion of Paragraph C, Municipal Code
Section 113.16.1513, since no action has
transpired relative to forming a "Blue
Crew". Council Executive Assistant is to
notify the Commission for the Disabled that
this item will be on the October 17 Council
Agenda. The City Attorney will prepare a
resolution and the Public Buildings Super-
intendent will prepare the staff report.
2. Proposed Ordinance to Require
Formal Contract Procedures for Purchases
Above the Value of $25,131313; to Authorize
Negotiated Purchases; to I ncrease the
Maximum Open Market Purchases for Which No
Bid is Required. The Committee recom-
mended approval of the request for amend-
ment increasing the discretionary purchase
limit from $7513 to $251313 and the formal
bid limit from $15,131313 to $25,131313. The
Committee requested that an annual
internal audit review and report take
place between September and December and
the results be provided to the Mayor and
Council. This item will appear on the
November 7th Council Agenda.
.
47
113/3/88
,
.
Council Member Maudsley made a motion, seconded by
Council Member Flores and unanimously carried, that the
minutes of the Legislative Review Committee meeting of
September 22, 1988, be received and filed.
WAYS AND MEANS COMMITTEE REPORT _
SEPTEMBER 26, 1988 - COUNCIL MEMBER ESTRADA
Council Member Estrada gave the report of the Ways
and Means Committee meeting held on September 26, 1988.
The following items were on the agenda: (45)
1. Request to Reduce Purchase Price of
Kellogg Library - Elijah Singletary - The
Committee recommended a 30-day extension to
the agreement to allow the City Attorney to
review some additional information. The
item was continued to the October 10, 1988,
Ways and Means Meeting.
.
2. Program Expansion Proposal and Fee Ad-
justments -The Committee recommended ap-
proval of a $15.00 per hour research fee
charge, prorated on a 1/4 hour basis. The
Committee also recommended that police re-
port copies remain at $5.00. The amended
resolution will come before the full Council
on October 17, 1988.
3. Parking District Funding Report -Item
continued. The Committee requested that
staff provide a report on the mechanics of
the parking survey ("nuts and bolts") and
how it will be conducted. In the long term,
staff was asked to coordinate with Planning,
RDA, Main Street, UCR and Cal State to es-
tablish some short and long term goals or,
at least, review the feasibility of prov-
iding a comprehensive, accurate report
assessing the parking si tuation in San
Bernardino (where we are - where we expect
to be in Year X). The survey information
will be available for the October 10, 1988
meeting.
4. Admissions Tax - Item continued.
5. City Owned Leased Property Report -YWCA
- The Committee discussed the YWCA draft
agreement and recommended continuation to
the Committee meeting of October 10, 1988.
.
48
10/3/88
.
The item will be continued on the RDA Com-
mission agenda of October 3, 1988. The City
Attorney will provide Committee members a
copy of the agreement prior to the October
10, 1988, Committee meeting. After their
review and acceptance, copies will be pro-
vided to YWCA representatives. This will
give everyone an opportunity to review the
draft agreement before the Council meeting.
RDA staff was requested to place an item on
the October 3, 1988, agenda to authorize an
appraisal of the YWCA building. The
Committee recommended that the pool reno-
vation grant being held by the City be
released to the YWCA. The City Attorney will
provide a waiver absolving each party of
admission that there is or is not a lease.
This item will be on the supplemental agenda
of October 3, 1988.
Council Member Miller made a motion, seconded by
Council Member Estrada and unanimously carried, that the
minutes of the Ways and Means Committee meeting held Sep-
tember 26, 1988, be received and filed.
.
POLICE BUILDING AD HOC COMMITTEE _
SEPTEMBER 29, 1988 - COUNCIL MEMBER ESTRADA
Council Member Estrada gave the report of the Police
Building Ad Hoc Committee meeting held on September 29,
1988. The following item was discussed: (46)
1. Consultant's Report
The Committee discussed the issue of
continuing to explore other sites now that
Public Enterprise Center *2 is in the pro-
cess of being sold. Although there is
still a slim possibility that this area
would be made available for bid to the
City, the Committee recommended that the
consultant finalize his draft and provide a
proposed cost for exploring additional
sites, on a site-by-site basis.
The Committee requested that all parties
review the preliminary draft of the con-
sultant's report and input their comments
to Mr. Klatt so he could consolidate,
.
49
10/3/88
.
present to the Committee within two weeks,
present to the full Council after that
review and, subsequently, provide to the
consultant for their perusal and final
draft if no major problems are encountered.
During the interim period, staff
(Police-RDA-Planning-Engineering) will
explore and identify possible sites, obtain
aerial photos and maps, provide any envi-
ronmental problems and, if in RDA areas,
provide an overlay. The consultant cau-
tioned everyone to not reject sites of less
than 12 acres - to look for sites between 8
to 12 acres.
Council Member Estrada made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
minutes of the Police Department Ad Hoc Committee held
September 29, 1988, be received and filed.
.
APPOINTMENT - 21ST CENTURY CHARTER
REVIEW COMMITTEE - TOM MINOR
Pursuant to memorandum dated September 22, 1988, from
Mayor Wilcox, Council Member Reilly made a motion,
seconded by Council Member Miller and unanimously carried,
to approve the appointment of Council Member Tom Minor to
the 21st Century Charter Review Committee. (47)
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting and took her place at the Council Table.
READING AND WAIVING OF RESOLUTION
City Clerk Clark read the titles of all the resolu-
tions on the Supplemental Agenda.
Council Member Estrada
Council Member Reilly and
further reading of all the
mental Agenda be waived.
made a motion, seconded by
unanimously carried, that
resolutions on the Supple-
RES. 88-396 - RESOLUTION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING
THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND YOUNG WOMEN'S
CHRISTIAN ASSOCIATION (YWCA). (S-l)
.
50
10/3/88
.
Discussion ensued on whether or not the YWCA had a
current director.
City Attorney Penman stated that at the last Ways and
Means Committee meeting, Mrs. Linda Savage had introduced
the new Director of the YWCA.
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried , that the
disbursement of grant funds in the amount of $14,352 for
the purpose of YWCA pool building renovation, contingent
upon the execution of a waiver agreeing that the awarding
of said grant is not and will not be used to support a
claim that the YWCA has a valid lease for their property
with the City of San Bernardino nor with the Redevelopment
Agency of the City of San Bernardino.
Council Member Maudsley made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 88-396 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Pope-Ludlam, Miller. Noes: None. Absent:
Council Member Minor.
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A
LEASE/PURCHASE AGREEMENT FOR THE OLD
KELLOGG LIBRARY PROPERTY. (S-4)
Asst. City Attorney Brue explained the reasons for
extending the agreement for 30-days and stated she had
prepared an agreement.
Mayor Wilcox stated that she would not sign the re-
solution without knowing the verbiage.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, to
authorize the extension of the lease for 30-days with a
resolution of rati fication to come back at the next
Council meeting of October 24, 1988.
RECESS MEETING - CLOSED SESSION
At 6:30 p.m., Council Member Miller made a motion,
seconded by Council Member Pope-Ludlam and unanimously
carried, that the meeting recess to a Closed Session under
the following:
.
51
10/3/88
.
Government Code Section 54957 to consider personnel
matters. (56)
Government Code Section 54956.9(c) to confer with its
attorney regarding pending litigation so that Council may
decide whether to initiate litigation. (58)
Government Code
attorney regarding
ini tiated formally
follows:
S-2)
Section 54956.9(a) to confer with its
pending litigation which has been
to which the City is a party as
(59,
City of San Bernardino vs. California Construction
Management, Inc., et al - San Bernardino Superior Court
Case *238755;
Saldecke, et al vs. City of San Bernardino, et al
-San Bernardino Superior Court Case *236836;
Cable Lake Association vs. City of San Bernardino
-San Bernardino Superior Court Case *239714 and *239649;
.
City of San Bernardino vs. San Bernardino Baseball
Club - San Bernardino Superior Court Case *239193;
Pedersen vs. City of San Bernardino - San Bernardino
Superior Court Case No. 233820;
United States Department of Labor vs. Inland Manpower
Association, Administrative Law Judge, Case 85-CTA-55.
Stubblefield Construction Company, et al. vs. City of
San Bernardino, et al - San Bernardino Superior Court Case
*232998;
Juan Manuel Sanchez vs. City of San Bernardino
-United States District Court Case *CV 87-2291 AWT (Bx);
Charles H. Brown vs. City of San Bernardino - San
Bernardino SuperIOr Court Case *243087;
Sock Dawson, et al. vs. City of San Bernardino, et
al. - United States District Court Case *SA 88-461 AHS
(RWRx) ;
Mattie Moore vs. City of San Bernardino, et al -San
Bernardino Superior Court Case *234454;
.
52
10/3/88
.
People of the State of California vs. Francia White
et al. - United States District Court CR-88-654.
Government Code Section 54956.8 to discuss with its
negotiator the purchase, sale, exchange or lease of real
property, and to give instructions to its negotiator con-
cerning the pr ice and terms of payment for the purchase,
sale, exchange or lease of real property. The real
property which the negotiations concern is generally
located at 1535 W. Highland. (RS-l)
CLOSED SESSION
At 6:30 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
Mayor Wilcox; Council Members Estrada, Reilly,
Maudsley, Pope-Ludlam, Miller; City Attorney
Deputy City Administrator Richardson. Absent:
Member Minor, City Clerk Clark.
present:
Flores,
Penman,
Council
.
Also present: Asst. City Attorney Brue, Deputy City
Attorney Wilson, Deputy City Attorney Empeno.
CITY CLERK CLARK ARRIVED
City Clerk Clark arrived at the Closed Session.
DEPUTY CITY ATTORNEY'S WILSON AND EMPENO EXCUSED
Deputy City Attorney Wilson and Deputy City Attorney
Empeno left the Closed Session.
COUNCIL MEMBER POPE-LUDLAM AND
CITY CLERK CLARK EXCUSED
At 7:15 p.m., Council Member Pope-Ludlam and City
Clerk Clark left the Closed Session.
JOHN HOEGER, DEVELOPMENT SPECIALIST/RDA
AND SR. ASST. CITY ATTORNEY BARLOW ARRIVED
John Hoeger, Development Specialist/RDA and Sr.
Asst. City Attorney Barlow arrived at the Closed Session.
ADJOURN CLOSED SESSION
At 7:40 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.
.
53
10/3/88
.
RECONVENE MEETING
At 7:40 p.m., the Regular Meeting of the Mayor and
Cornmon Council reconvened in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller.
City Attorney Penman, City Clerk Clark, Deputy City Admin-
istrator Richardson. Absent: Council Members Minor and
Pope-Ludlam.
.
CLOSED SESSION - PROPERTY LOCATED AT 1535 W. HIGHLAND
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that the
Closed Session pursuant to Government Code Section 54956.8
to discuss with its negotiator the purchase, sale, ex-
change or lease of real property and to give instructions
to its negotiator concerning the price and terms of
payment for the purchase, sale, exchange or lease of real
property located at 1535 W. Highland, be continued to 9:00
a.m., Wednesday, October 5, 1988, in the Council Chambers
of City Hall, 300 North "0" Street, San Bernardino, Calif-
ornia. (RS-l)
AOJOURN MEETING
At 7:45 p.m., Council Member Miller made a motion,
seconded by Council Member Reilly and unanimously carried,
that the Regular Meeting of the Mayor and Cornmon Council
be adjourned to 9:00 a.m., Wednesday, October 5, 1988, in
the Council Chambers of City Hall, 300 North "0" Street,
San Bernardino, California. (60)
~/?/?~At/
-' City Clerk
No. of Items: 76
No. of Hours: 10
.
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