HomeMy WebLinkAbout11-21-1988 Minutes
.
City of San Bernardino, California
November 21, 1988
The Regular Meeting of the Mayor and Common Council of
the City of San Bernardino was called to order by Mayor
Wilcox at 9:07 a.m ., on Monday, November 21, 1988, in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
INVOCATION
The Invocation was given by the Reverend Gary W.
Neilan, Calvary Baptist Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Reilly.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Minor, Miller; City Attorney
Penman, City Clerk Clark, Acting City Administrator
Robbins. Absent: Council Members Maudsley, Pope-Ludlam.
.
PUBLIC COMMENTS - DOUG HEFFNER - LAND USE DESIG-
NATION - 272 S. PICO - COUNCIL MINUTES - MAY 18, 1988
Doug Heffner of Canoga Park requested clarification as
to the status of the public hearing that was scheduled to
be heard at this meeting regarding his property at 272 S.
Pico. He stated that surrounding property owners had not
been notified of the hearing. He had received information
that indicated the hearing was going to be postponed.
(A, 61)
Mayor wilcox stated that the hearing is scheduled for
2:00 p.m. today.
City Attorney Penman stated that the hearing may be
continued due to the fact adjoining property owners were
not notified of the hearing. However, this is a Council
decision, and members of the public should not be told by
City staff that an item will be continued prior to Council
action directing such action. (See page 29 for further
action)
COUNCIL
At 9:15
the Council
Table.
MEMBER POPE-LUDLAM ARRIVED
a.m., Council Member Pope-Ludlam arrived at
Meeting and took her place at the Council
.
- 1 -
11/21/88
.
PUBLIC COMMENTS - NORM HELBLEY - 1041 HILL DRIVE _
SEWER CONNECTION WAIVER
Norm Helbley, 1041 Hill Drive, requested clarification
as to when the hearing was to be held concerning a sewer
connection waiver regarding said property. (A, 63)
Mayor Wilcox
2:00 p.m., this
action)
stated that the hearing was schedule for
afternoon. (See page 32 for further
COUNCIL MEMBER MAUDSLEY ARRIVED
At 9:19 a.m., Council Member Maudsley arrived at the
Council Meeting and took his place at the Council Table.
PRESENTATION - SERVICE PIN AWARDS
Mayor Wilcox presented several employees with
pins for their years of service with the City.
service
(B)
PRESENTATION - INTRODUCTION - STEVE DUKETT _
EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
Mayor Wilcox introduced Steve Dukett, Executive
Director of the Redevelopment Agency, who assumed his
official position on this date. (B)
.
Mr. Dukett, Executive Director of the Redevelopment
Agency, thanked the Mayor and Council for their confidence
and pledged to pursue excellence in directing the
functions of the Redevelopment Agency.
APPROVE MINUTES - NOVEMBER 7, 1988
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
minutes of the meeting of the Mayor and Common Council of
the City of San Bernardino held on November 7, 1988, be
approved as submitted in typewritten form. (1)
SPECIAL LEGISLATIVE
NOVEMBER 17, 1988 -
CHAIRMAN
The following item
special meeting of the
on November 17, 1988:
REVIEW COMMITTEE REPORT _
COUNCIL MEMBER REILLY,
was included on the
Legislative Review
agenda of the
Committee held
(la)
1. Undergroundinq of Utilities - 1525 North
"D" Street - Discussion - The Committee recom-
mended that the undergrounding of utilities
resolution be amended to include all projects
from January 1, 1988. Information received
from Public Works/Engineering Director indicated,
as far as he can determine, only one project
would be affected. This would provide the ex-
.
- 2 -
11/21/88
.
emption to Mr. Jacober as provided under the
present code. This item will be on the December
5, 1988, agenda.
Council Member Flores made a motion; seconded by
Council Member Miller and unanimously carried, that the
minutes of the Special Legislative Review Committee
meeting held November 17, 1988, be received and filed.
COUNCIL PERSONNEL COMMITTEE REPORT - NOVEMBER 10,
1988 - COUNCIL MEMBER REILLY, CHAIRMAN
The following items were included on the agenda of the
Personnel Committee meeting held on November 10, 1988:
(3)
1. Request to Fill Vacancy - Deputy City
Attorney II - Item continued at the request
of the City Attorney representative.
.
2. Employee Medical Insurance Program Evaluation _
The Committee recommended acceptance of PERS
coverage for City employees after a briefing by
Mr. Johnson. The Committee requested a compre-
hensive matrix be brought to the full Council at
the meeting of November 21, 1988. (Brief evalua-
tion was attached)
3. Full Time Clerical Position for Senior
Companion Program/Retired Senior Volunteer
Program - Parks, Recreation and Community
Services Department - The Committee recom-
mended approval. (Supporting information was
attached.
4. Discussion of Employment Contracts - The
Committee recommended continuation to special
meeting at 10:00 a.m., November 17, 1988, in
Council Conference Room. Mr. Johnson will
provide the pros and cons of employment con-
tracts. The Committee will have time to re-
view the proposed policy presented by the
Acting City Administrator.
Council Member Flores made a motion, seconded
Council Member Miller and unanimously carried, that
minutes of the Council Personnel Committee meeting
November 10, 1988, be received and filed.
by
the
held
.
SPECIAL COUNCIL PERSONNEL COMMITTEE REPORT _
NOVEMBER 17, 1988 - COUNCIL MEMBER REILLY, CHAIRMAN
The following items were included on the agenda of the
Special Personnel Committee meeting held on November 17,
1988: (4)
- 3 -
11/21/88
.
1. Vehicle Abatement Program - (Brought on as
Emergency Item for discussion regarding the
person authorized to administer and enforce the
recommended program.) The Committee recommended
that the Superintendent of Public Buildings/
Security and Parking Control, under the
supervision of the Director of Public Works/
Engineering, be listed as the authority on
the ordinance and resolution.
Discussion of Employment Contracts - Item con-
tinued. The Personnel Director was tasked to
provide a study to include department heads and
return to the Committee the second meeting in
January, 1989. The attached backup was provided
to the Committee.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
minutes of the Special Council Personnel Committee meeting
of November 17, 1988, be received and filed.
.
LEGISLATIVE REVIEW COMMITTEE REPORT - NOVEMBER
10, 1988 - COUNCIL MEMBER REILLY, CHAIRMAN
The following items were included on the agenda of the
Legislative Review Committee meeting held on November 10,
1988: (5)
1. Undergrounding of Utilities - 1525 North
"D" Street - Discussion - Item continued to
special meeting at 9:00 a.m., November 17, 1988,
in the Council Office Conference Room. Mr.
Hardgrave was tasked to determine what the impact
would be if the effective date of the resolution
were rolled back to June, 1987.
2. Proposed Ordinance Relative to Exceptions
From the Prohibition Against Unlawful Noises
With the City - The Committee recommended
approval of the amendment to the noise ordinance.
3. Appeal Relative to Invalid Planning Commis-
sion Action Regarding the Granting of a Sewer
Connection Waiver at 1041 Hill Drive - Norm
Helbley - The Committee recommended that the
Helbleys be responsible for 300' of the sewer
connection and the City would assume responsi-
bility for the remaining footage.
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
minutes of the Legislative Review Committee meeting held
November 10, 1988, be received and filed.
- 4 -
11/21/88
.
APPEAL - PARKING PLACE COMMISSION DECISION _
LEASE 86 PARKING SPACES IN PARKING DISTRICT
LOT #1 - YORAM S. SHILY
In a letter dated November 3, 1988, Yoram S. Shily,
President, Shilyco, explained the reasons for his appeal
on the decision of the Parking Place Commission on
September 1, 1988, regarding his request to lease 86
parking spaces in Parking District Lot #1. (6)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
appeal of Yoram S. Shily relative to a Parking Place
Commission decision to table his request to lease 86
parking spaces in Parking District Lot #1, be heard
December 5, 1988, at 10:00 a.m., in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino,
California.
.
FIRST WARD PARK EXTENSION FUNDS - NUNEZ PARK _
APPROVAL OF FUNDS FOR CHAIN LINK FENCE
In a memorandum dated November 1, 1988, Annie Ramos,
Director of Parks, Recreation & Community Services,
explained the need for a six foot chain link fence along a
portion of the southern border of Nunez Park. She stated
that the fence would reduce the potential for a serious
accident as a result of high speed traffic on 4th Street,
and would also improve the attractiveness of the park.
(7)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that $7,050
from First Ward Park Extension Funds be approved for the
construction of six foot chain link fence at Nunez Park.
TENTATIVE TRACT NO. 13619 - NEGATIVE DECLARATION _
SOUTHWEST CORNER OF VERDEMONT DRIVE AND OLIVE AVE.
In an undated memorandum, Michael Loehr, Interim
Planning Director, gave the background of Tentative Tract
No. 13619, which is located at the southwestern corner of
Verdemont Drive and Olive Avenue. He stated that formal
adoption of the Negative Declaration needs to take place
for final processing of the environmental review for the
tract. (8)
Council Member Flores
Council Member Miller and
Negative Declaration for
adopted.
made a motion, seconded
unanimously carried, that
Tentative Tract No. 13619
by
the
be
.
- 5 -
11/21/88
.
PROPOSED VACATION - TWO ALLEYS NORTH OF 28TH
STREET AND SOUTHWESTERLY OF CAJON BLVD. - NEGATIVE
DECLARATION
In a memorandum dated November 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that Public Works Project No. 88-28 to vacate two alleys,
parcel one located between Cajon Boulevard and Gardena
Street from the north side of Darby Street to California
Street; and parcels two and three located between Gardena
Street and Medical Center Drive from the north side of
28th Street to the westerly side of Medical Center Drive,
has been reviewed. A determination was made that the
proposed project would not have a significant impact on
the environment. (9)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
Negative Declaration for Public Works Project No. 88-28,
vacation of two alleys north of 28th Street and
southwesterly of Cajon Boulevard, be adopted.
.
BARTA FIELD - LITTLE LEAGUE PARK - REPLACEMENT
OF BACKSTOP - FINDING OF NEED FOR HEALTH AND
SAFETY REASONS
In a memorandum dated November 2, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that the existing backstop for Barta Baseball Field in
Blair Park, was damaged by high winds and is considered
unsuitable for use. It is proposed to replace the damaged
backstop and section along the third base side. The
section along the first base side will also be replaced if
the available funds are sufficient to cover the cost. The
project is exempt from environmental review. (10)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that a
finding be made that the replacement of the backstop for
Barta Field in Blair Park is needed for health and safety
reasons.
.
POLICE PISTOL RANGE - REPLACEMENT OF BAFFLES AND
CONSTRUCTION OF AN EARTHEN BERM - FINDING OF NEED
FOR HEALTH AND SAFETY REASONS
In a memorandum dated November 2, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that the Police Pistol Range at Perris Hill Park has been
in service for many years. Wooden baffles, installed to
trap stray bullets, have been severely damaged by
ricochetting bullets. Also the recent construction of the
Elk's Lodge with additional traffic on the access road
creates the possibility of a vehicle being hit by a stray
bullet. (ll)
- 6 -
11/21/88
!
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that a
finding be made that the replacement of baffles and
construction of an earthen berm for the Police pistol
Range is needed for health and safety reasons.
CENTER FOR INDIVIDUALS WITH DISABILITIES -
CONSTRUCTION OF STORAGE BUILDING - APPROVAL OF
PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS
In a memorandum dated November 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans for the construction of a storage building for
the Center for Individuals with Disabilities, have been
prepared and the project is ready to be advertised for
bids. The total estimated project cost is $29,700.
(12)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
plans for construction of a storage building for the
Center for Individuals with Disabilities, in accordance
with Plan No. 7279, be approved; and the Director of
Public Works/City Engineer be authorized to advertise for
bids.
.
INSTALLATION OF TRAFFIC SIGNALS - MILL AND "G"
STREETS - HOVEY ELECTRIC, INC. - APPROVAL AND
ACCEPTANCE OF WORK
In a memorandum dated November 9, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that the installation of traffic signals at Mill and "G"
Streets was satisfactorily completed by Hovey Electric,
Inc. as of October 6, 1988. The actual final contract
price was $84,414.58. (13)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
work be approved and accepted and that final payment be
authorized at the expiration of the lien period.
WIDENING OF RAILROAD GRADE CROSSING 2U-4.2 -
TIPPECANOE AVENUE AT MISSION CREEK - VANCE
CORPORATION - APPROVAL AND ACCEPTANCE OF WORK
In a memorandum dated November 9, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that the widening of Railroad Grade Crossing 2U-4.2 by
Vance Corporation was satisfactorily completed as of
October 24, 1988. The actual final contract price was
$58.380.85. (14)
Council Member Flores
Council Member Miller and
made a motion, seconded by
unanimously carried, that the
.
- 7 -
11/21/88
.
work be approved and accepted, and that final payment be
authorized at the expiration of the lien period.
RIO VISTA (ANNE SHIRRELLS) PARK - REPLACEMENT OF
THREE-PHASE TRANSFORMER PAD WITH SINGLE PHASE
TRANSFORMER PAD - CHANGE ORDER NO. THREE _
FERNANDO ORTEGA CONSTRUCTION
In a memorandum dated November 9, 1988, Roger
Hardgrave, Director of Public Works/City Engineer,
explained the reasons for Change Order No. Three to the
contract with Fernando Ortego Construction for the
installation of a three-phase electrical transformer in
the improvement of Phase II-B at Rio Vista (Anne
Shirrells) Park. All work was satisfactorily completed as
of October 5, 1988. The final actual contract price was
$338,779.17. (15)
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that Change
Order No. Three to the contract with Fernando Ortega
Construction, for construction of Phase II-B of Rio Vista
(Anne Shirrells) Park, in accordance with Plan No. 7038,
be approved; authorizing the contractor to replace the
three-phase transformer pad with a single phase
transformer pad, for an increase in the contract price of
$418.50, from $333,369.14 to $333,787.54; and that the
work be approved and accepted and that final payment be
authorized at the expiration of the lien period.
ASSESSMENT DISTRICT 985 - INDUSTRIAL PARKWAY
IMPROVEMENT DISTRICT - AMEND SCOPE - AUTHORIZATION
TO PROCEED - INDUSTRIAL PARKWAY BETWEEN PALM
AVENUE AND THE CABLE CREEK FLOOD CONTROL CHANNEL
In a memorandum dated November 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that various letters had been received regarding the scope
of improvements in Assessment District 985 located in
Industrial Parkway between Palm Avenue and the Cable Creek
Flood Control Channel. The most recent letters have
requested the scope to be expanded to include the
installation of sanitary sewer facilities, in addition to
curbs, gutters, paving and street lights. (17)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
City Engineer and City Clerk be authorized to proceed with
expanding the scope of Assessment District No. 985 by
including the construction of sewer facilities in
Industrial Parkway between Palm Avenue and the Cable Creek
Flood Control Channel.
.
- 8 -
11/21/88
.
RIALTO AND MACY AREA LANDSCAPE MAINTENANCE DISTRICT _
AUTHORIZATION TO PROCEED
In a memorandum dated November 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that a petition had been received requesting the formation
of an assessment district for the maintenance of
landscaping along the south side of Rialto Avenue, west of
Macy Street which borders Tentative Tract No. 13532. This
petition is the result of a requirement by the City for
the developer to establish the district. (18)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
City Engineer and City Clerk be authorized to establish an
assessment district under the provisions of Chapter 12.9~
of the San Bernardino Municipal Code; and that the City
Engineer be directed to prepare an Engineer's Report for
the proposed maintenance of landscaping in portions of the
south side of Rialto Avenue, generally west of Macy
Street, in the City of San Bernardino.
.
ANNEXATION NO. 34~ - SOUTH OF RIALTO AVENUE - WEST
OF TIPPECANOE AVENUE - AUTHORIZATION TO PROCEED
In a memorandum dated November 7, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that a request was received from the owner of property
located south of Rialto Avenue, west of Tippecanoe,
bounded on the east, west and south by City boundaries for
annexation to the City. No strong opposition was received
from other property owners in the area. (19)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
Director of Public Works/City Engineer and the City Clerk
be authorized to proceed with Annexation No. 34~, located
generally south of Rialto Avenue, west of Tippecanoe
Avenue.
CITY HALL - INSTALLATION OF FIRE SPRINKLER _
FINDING OF NEED FOR HEALTH AND SAFETY REASONS
In a memorandum dated October 31, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that fire sprinklers were not installed in City Hall at
the time of construction, as they were not required by the
Uniform Building Code at that time. Due to high occupancy
of City Hall, it is proposed to install an automatic fire
sprinkler to provide additional fire protection for
employees and visitors. (2~)
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that a
finding be made that the installation of fire sprinklers
in City Hall is needed for health and safety reasons.
- 9 -
11/21/88
.
WIDENING PEPPER AVENUE AT GRADE CROSSING NO:
2-83.9 - SOUTH OF RIALTO AVENUE - APPROVAL OF
PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS
In a memorandum dated November 3, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans for the widening of Pepper Avenue, south of
Rialto Avenue at Grade Crossing No. 2-83.9 have been
prepared and the project is ready to be advertised for
bids. The estimated cost for this project is $82,000.00
(22)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
transfer of $75,000 from Acct. No. 242-362-57655,
"Piedmont Drive at Baldridge Creek", to Account No.
242-362-57652, "Pepper Avenue Grade Crossing" be approved;
that the plans for widening Pepper Avenue at Grade
Crossing No. 2-83.9, in accordance with Plan No. 7555, be
approved; and that the Director of Public Works/City
Engineer be authorized to advertise for bids when a permit
is obtained from the Flood Control District.
.
TRAFFIC SIGNALS AT 40TH STREET AND MT. VIEW AVENUE _
INSTALLATION - APPROVAL OF PLANS AND AUTHORIZATION
TO ADVERTISE FOR BIDS
In a memorandum dated November 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans for the installation of traffic signals at 40th
Street and Mt. View Avenue have been prepared, and the
project is ready to be advertised for bids. The total
estimated project cost is $110,000. (23)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
plans for installation of traffic signals at 40th Street
and Mt. View Avenue, in accordance with Plan No. 7382, be
approved; and that the Director of Public Works/City
Engineer be authorized to advertise for bids.
CLAIMS AND PAYROLL
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
claims and payrolls, and the authorization to issue
warrants as listed on the memorandum from the Director of
Finance, dated November 15, 1988, be approved. (24)
.
SET APPEAL HEARING - DECISION BY CITY ATTORNEY _
RESPONSIBILITY TO MAINTAIN AND CLEAR SEWER
LATERAL - CARL CLEMONS - 1940 W. BASELINE
In an undated letter, Carl Clemons, 1940 W. Baseline,
gave the background of sewer problems at his property
located at 1940 W. Baseline, and requested that the City
- 10 -
11/21/88
.
insure the condition of the laterals they install to be
free of defects. Attached to Mr. Clemons' letter was a
letter dated November 8, 1988, from City Attorney Penman
indicating that this matter is not the responsibility of
the City. (2)
Mr. Carl Clemons was present.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that a
hearing be set for December 5, 1988, at 10:30 a.m., to
discuss an appeal of the City Attorney's decision that
the responsibility to maintain and clear a sewer lateral
located at 1940 W. Baseline rests with the property
owner.
.
FISCALINI FIELD - INSTALLATION OF BALLFIELD
LIGHTING - CHANGE ORDERS ONE AND TWO - GEORGE
JUGOVIC CONSTRUCTION
In a memorandum dated November 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer,
explained the need for Change Order Nos. One and Two to
the contract with Jugovic Construction for the
installation of of four outfield lights at Fiscalini Field
in Perris Hill Park. Change Order No. One will add
Additive Alternate "A" to the contract, at an increase in
the cost of $62,328. and Change Order No. Two will
authorize a credit of $20,000 for the City furnishing the
four poles. (16)
Council Member Reilly made a motion, seconded by
Council Member Maudsley, that Change Order Nos. One and
Two to the contract with George Jugovic Construction, for
the installation of ballfield lighting at Fiscalini Field,
per Plan #7332, be approved; authorizing the contractor to
install four outfield lights at a net increase in the
contract price of $42,328.00, from $94,157.00 to
$136,485.00.
The
Council
Council
None.
motion
Members
Members
carried by the following vote:
Reilly, Maudsley, Minor, Miller.
Estrada, Flores, Pope-Ludlam.
Ayes:
Noes:
Absent:
.
INSTALLATION OF FIRE SPRINKLERS IN CITY HALL _
APPROVAL OF PLANS AND AUTHORIZATION TO ADVER-
TISE FOR BIDS
In a memorandum dated November 1, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans and specifications for the installation of an
automatic sprinkler system in City Hall have been prepared
and the project is ready to be advertised for bids. The
total estimated project cost is $245,000. (21)
- 11 -
11/21/88
.
Acting City Administrator Robbins answered questions
regarding funding for the fire sprinklers in City Hall.
Mayor Wilcox stated that it was important that the
City have the sprinklers at this time.
Mayor Wilcox directed the Acting City Administrator
to obtain additional information on accounts that will be
used to fund this project so that there will be a complete
history.
Council Member Maudsley made a motion, seconded by
Council Member Miller and unanimously carried, that the
plans for installation of an automatic fire sprinkler
system in City Hall, in accordance with Plan No. 7585, be
approved; and the Director of Public Works/City Engineer
be authorized to advertise for bids.
PERSONNEL ACTIONS
Mayor Wilcox answered questions, stating that a
decision has not yet been made regarding the selection of
a new City Administrator. She also answered questions
regarding the Higher Acting Classification for Mr. Robbins
which is included in the Personnel Actions. (25)
.
Acting City Administrator Robbins answered questions,
stating the reimbursement for his work in the
Redevelopment Agency was based on a 5% differential
between the Deputy City Administrator salary and the
Redevelopment Agency's Director's salary.
Council Member Estrada made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
Personnel Actions, as submitted by the Director of
Personnel in accordance with all administrative
regulations of the City of San Bernardino, be approved.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
READING AND WAIVING OF ALL RESOLUTIONS ON THE
REGULAR AND SUPPLEMENTAL AGENDAS
City Clerk Clark read the titles of all the
resolutions on the Regular and Supplemental Agendas.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that
further reading of all the resolutions on the Regular and
Supplemental Agendas be waived.
.
- 12 -
11/21/88
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
SUPPORTING THE DESIGN REVISION TO THE ROUTE
30/330 INTERCHANGE BY ELIMINATING ACCESS AT
PACIFIC STREET AND CREATING ACCESS AT CENTRAL
AVENUE. (Continued from October 24, 1988) (27)
Council Member Maudsley made a motion, seconded by
Council Member Minor and unanimously carried, that said
resolution be continued to December 19, 1988, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
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 ALLOCATIONS THROUGH STATE AND/OR
FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL
SOURCES FOR FUNDING THE COMPLETION. (Continued
from October 24, 1988) (28)
.
Council Member Maudsley made a motion, seconded by
Council Member Flores and unanimously carried, that said
resolution be continued to December 19, 1988, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Council Member Maudsley
Council Member Flores that
adopted:
made a motion, seconded by
the following resolutions be
RES. 88-424 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO TECHNICRAFT
COMMUNICATIONS INCORPORATED FOR TELEPHONE
MAINTENANCE AND REPAIR SERVICE. (29)
RES. 88-425 - RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHOR-
IZING MAXIMUM BASIC PREMIUM OBLIGATIONS UNDER A
LIABILITY RISK COVERAGE AGREEMENT AND AUTHORIZING
THE CITY'S REPRESENTATIVES TO THE BIG INDEPENDENT
CITIES EXCESS POOL JOINT POWERS AUTHORITY TO
APPROVE THE ISSUANCE OF BONDS, THE EXECUTION OF
A PURCHASE CONTRACT AND THE EXECUTION AND DISTRI-
BUTION OF AN OFFICIAL STATEMENT BY THE BIG INDE-
PENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY
AND CERTAIN OTHER ACTIONS IN CONNECTION THERE-
WITH. (30)
.
City Attorney Penman suggested that the Council needs
to keep in mind that the amounts in lawsuit settlements
will increase as it will no longer be possible to pay just
- 13 -
11/21/88
.
the deductible, as has been done in the past. The City
has been uninsured for a little over three years and the
cases coming before the City will be incidents or
accidents that have occurred during the period the City
has been uninsured.
Resolution Nos. 88-424 and 88-425 were adopted
following vote: Ayes: Council Members Estrada,
Flores, Maudsley, Minor, Miller. Noes: None.
Council Member Pope-Ludlam.
by the
Reilly,
Absent:
Council Member Estrada made a motion, seconded by
Council Member Flores, that the following resolutions be
adopted:
RES. 88-426 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECU-
TION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY CLEANERS IN
THE AMOUNT OF $30,000.00 (31)
RES. 88-427 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH TRI CITY/LONNY GANS & ASSOCI-
ATES FOR THE PROMOTION OF ARTS AND CULTURE. (34)
.
RES. 88-428 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE INLAND MASTER CHORALE FOR
THE PROMOTION OF ARTS AND CULTURE. (35)
RES. 88-429 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE CELEBRITY CONCERT SERIES
FOR THE PROMOTION OF ARTS AND CULTURE. (36)
Resolution Nos. 88-426, 88-427, 88-428, 88-429 were
adopted by the following vote: Ayes: Council Members
Estrada, Reilly, Flores, Maudsley, Minor. Miller. Noes:
None. Absent: Council Member Pope-Ludlam.
RES. 88-430 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND INLAND
FLOWERS IN THE AMOUNT OF $14,253.00, CONSOLI-
DATING THIS LOAN AGREEMENT WITH THAT CERTAIN
LOAN AGREEMENT PREVIOUSLY APPROVED BY THE MAYOR
AND COMMON COUNCIL AND REPEALING RESOLUTION
NUMBER 88-282. (32)
.
- 14 -
11/21/88
,
.
Ken
answered
current.
Henderson, Director of Community Development,
questions, stating that payments on the loan are
Council Member Minor made a motion, seconded by
Council Member Flores, that said resolution be adopted.
Resolution No. 88-430 was adopted
vote: Ayes: Council Members Estrada,
Maudsley, Minor, Miller. Noes: None.
Member Pope-Ludlam.
by the following
Reilly, Flores,
Absent: Council
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION
OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND MARY HOUSTON
INS URANCE AGENCY IN THE AMOUNT OF $20,000.00 (33)
Ken Henderson, Director of Community Development,
stated that the applicant had indicated she did not wish
to proceed with the loan agreement.
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that said
resolution be tabled.
.
Council Member Flores made a motion, seconded by
Council Member Reilly, that the following resolutions be
adopted:
RES. 88-431 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE BLACK CULTURE FOUNDATION
FOR THE PROMOTION OF ARTS AND CULTURE. (38)
RES. 88-432 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE METROPOLITAN OPERA WESTERN
AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE.
(39 )
.
RES. 888-433 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION 6413 ENTITLED
IN PART "RESOLUTION . . . ESTABLISHING A BASIC
COMPENSATION PLAN. . ." BY PROVIDING A PAY
INCREASE FOR THE PART-TIME POSITIONS OF SENIOR
LIBRARIAN FROM $12.29-l4.98/HR. TO $12.66-1S.43/
HRi LIBRARIAN FROM $11.14-13.S7/HR. TO 11.47-
13.98/HRi AND LIBRARY CLERK FROM $7.70-9.36/HR.
TO $7.93-9.64/HR. RETROACTIVE TO JULY 4, 1988.
(40 )
- IS -
11/21/88
T
.
RES. 88-434 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413 EN-
TITLED IN PART "A RESOLUTION . . . ESTABLISHING
A BASIC COMPENSATION PLAN. . ."; BY ADDING THE
POSITION OF ACCOUNT CLERK III (PAYROLL) AT RANGE
31397 ($1682-21349/MO.) EFFECTIVE NOVEMBER 22, 1988.
(41)
Resolution Nos. 88-431, 88-432, 88-433, 88-434 were
adopted by the following vote: Ayes: Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes:
None. Absent: Council Member Pope-Ludlam.
RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC
EMPLOYEE ORGANIZATION. (42)
No action was taken on said resolution. (See Items
S-6, S-7, S-8, S-9, S-ll3, S-11, pages 22, 24, 41)
.
RES. 88-435 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE CALIFORNIA STATE UNIVERSITY
SAN BERNARDINO EGYPTIAN EXHIBIT FOR THE PRO-
MOTION OF ARTS AND CULTURE. (37)
Several comments were made regarding the outstanding
nature of this exhibit.
Council Member Maudsley made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 88-435 was adopted
vote: Ayes: Council Members Estrada,
Maudsley, Minor, Miller. Noes: None.
Member Pope-Ludlam.
by the following
Reilly, Flores,
Absent: Council
COUNCIL
Council
Meeting and
MEMBER POPE-LUDLAM RETURNED
Member Pope-Ludlam returned to the
took her place at the Council Table.
Council
Council Member Estrada made
Council Member Maudsley, that the
adopted:
a motion, seconded by
following resolutions be
.
RES. 88-436 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SHEILA L. MADISON TO PERFORM
CONSULTING SERVICES FOR THE PLANNING DEPART-
MENT. (43)
- 16 -
11/21/88
.
RES. 88-437 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO HUBBS EQUIP-
MENT AND CONSTRUCTION COMPANY FOR CONSTRUCTION
OF IMPROVEMENTS IN HILLCREST PARK. (44)
RES. 88-438 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO MATICH
CORPORATION FOR REHABILITATION OF PAVEMENT
ON HOSPITALITY LANE, BETWEEN WATERMAN AVENUE
AND GAGE CANAL. (45)
Manuel Moreno, Director of Public Services, answered
questions regarding seal coats on streets, stating that
they are used primarily on existing parking lots.
Roger Hardgrave, Director of
Engineer, answered questions regarding
the Hospitality Lane location.
Public Works/City
the seal coat on
.
RES. 88-439 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO MACADEE
ELECTRICAL CONSTRUCTION FOR MODERNIZATION
OF TRAFFIC SIGNALS ON "I" STREET, AT RIALTO
AVENUE AND SECOND STREET, AND AT DEL ROSA
AVENUE AND DATE STREET. (46)
RES. 88-440 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
NOTICING A PUBLIC HEARING CONCERNING THE
FORMATION OF UNDERGROUND UTILITY DISTRICT NO
19, GENERALLY LOCATED ALONG WATERMAN AVENUE,
BETWEEN THE SOUTH LINE OF THE SANTA ANA RIVER
AND THE NORTH LINE OF 9TH STREET. (47)
Resolution Nos. 88-436, 88-437, 88-438, 88-439, 88-440
were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
Council Member Estrada made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
Director of Public Works/City Engineer and City Clerk be
authorized to proceed with the establishment of
Underground Utility District No. 19, generally located
along Waterman Avenue, between the south line of the Santa
Ana River, and the north line of 9th Street. (47)
Council Member Miller made a motion, seconded by
Council Member Flores, that said resolutions be adopted:
.
- 17 -
11/21/88
F
.
RES: 88-441 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE-
MENT NO. 50 OF LOCAL AGENCY FEDERAL-AID SAFETY
IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS
DEPARTMENT OF TRANSPORTATION. (Hunts Lane at
Spring Railroad Crossing) (48)
RES. 88-442 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A BID TO OMNI PRODUCTS
INC. FOR THE FINANCING AND DELIVERY OF SHIM-
LESS RUBBER RAILROAD CROSSINGS, TO BE UTILIZED
BY THE PUBLIC WORKS/ENGINEERING DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-89-10. (50)
RES. 88-443 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO SETTING CERTAIN FIRE DEPARTMENT
INSPECTION FEES AS REQUIRED UNDER SAN BERNAR-
DINO MUNICIPAL CODE SECTION 15.16.075, AND
PROVIDING FOR A COST-OF-LIVING INCREASE IN SAID
FEES. (See Item 52, page 21) (51)
Resolution Nos. 88-441, 88-442, 88-443 were adopted by
the following vote: Ayes: Council Members Estrada,
Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller.
Noes: None. Absent: None.
.
RES. 88-444 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH CALIFORNIA STATE UNIVERSITY
RELATING TO THE GRANTING OF RIGHT OF ENTRY
FOR INSTALLING, OPERATING AND MAINTAINING
TRAFFIC SIGNALS, HANDICAP RAMPS AND APPUR-
TENANT FACILITIES AT UNIVERSITY PARKWAY AND
NORTHPARK BOULEVARD.
(49)
Roger Hardgrave, Director
Engineer, answered questions.
of Public
Works/City
Council Member Minor made a motion, seconded by
Council Member Maudsley, that said resolution be adopted.
Resolution No. 88-444 was
vote: Ayes: Council Members
Maudsley, Minor, Pope-Ludlam,
Absent: None.
adopted
Estrada,
Miller.
by the following
Reilly, Flores,
Noes: None.
.
PUBLIC HEARING - ALLEGED IMPROPRIETIES WITH THE
FILLING OF A CODE COMPLIANCE OFFICER POSITION
IN 1987 - JAMES C. CLARK - CONTINUED FROM
SEPTEMBER 19, 1988
This is the time and place set for a public hearing to
consider alleged improprieties with the filling of a Code
- 18 -
11/21/88
.
Compliance Officer position in 1987,
Clark.
filed by James C.
(26)
City Attorney Penman stated this could be heard in
either open or closed hearing, but only the Council has
the right to request a closed hearing. It was his
recommendation that the matter be referred to the Civil
Service Board for hearing. He stated that an opinion had
been changed since it was determined that this could not
be heard by the Civil Service Board, and that it would
now be the appropriate hearing body.
Ed Lehmann, Business Agent for Local 122, representing
James Clark, stated they were anxious to get a hearing as
soon as possible.
Roger DeFratis, Chief Examiner, stated this hearing
could be put on the next Civil Service Board agenda,
December 13, 1988, to set a hearing date.
.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that the
appeal filed by James Clark regarding alleged
improprieties with the filling of a Code Compliance Office
position be referred to the Civil Service Board for
hearing.
Mr. Lehmann stated his client, Mr. Clark, was in
agreement with the motion.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
Council Member Maudsley
Council Member Minor, that
adopted:
made a motion, seconded by
the following resolutions be
RES. 88-445 - A RESOLUTION OF THE MAYOR AND
COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANT-
ING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON
COMPANY, A CORPORATION, FOR RELOCATION OF ELECTRIC
SERVICE AT WATER DEPARTMENT FACILITIES AT THE
WASTEWATER TREATMENT PLANT, SAN BERNARDINO,
CALIFORNIA. (S-4)
.
- 19 -
11/21/88
.
RES. 88-446 - RESOLUTION OF THE CITY OF SAN
BERNARDINO TRANSFERRING AUTHORITY TO REMOVE
ABANDONED VEHICLES FROM THE FIRE CHIEF TO THE
PUBLIC WORKS DEPARTMENT, PUBLIC BUILDINGS
DIVISION AND AMENDING RESOLUTION NO. 6433
ENTITLED IN PART "A RESOLUTION . . . CREATING
AND ESTABLISHING POSITIONS FOR THE VARIOUS
DEPARTMENTS OF THE CITY OF SAN BERNARDINO" BY
DELETING THE POSITIONS OF SENIOR PARKING CONTROL
CHECKER AN BUILDING MAINTENANCE SUPERVISOR AND
ADDING THE POSITIONS OF PARKING CONTROL CHECKER,
PARKING CONTROL SUPERVISOR AND ASSISTANT SUPER-
INTENDENT OF MAINTENANCE. (See Ord. S-5, page 22)
(S-5)
Resolution Nos. 88-445 and 88-446 were adopted
following vote: Ayes: Council Members Estrada,
Flores, Maudsley, Minor, Miller. Noes: None.
Council Member Pope-Ludlam.
by the
Rei 11y,
Absent:
COUNCIL
Council
Meeting and
MEMBER POPE-LUDLAM RETURNED
Member Pope-Ludlam returned
took her place at the Council
to the
Table.
Counc i1
.
PERSONNEL ACTIONS
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
following Personnel Actions, submitted by the Director of
Personnel, in accordance with all administrative
regulations of the City of San Bernardino, be approved:
(S-2)
APPOINTMENTS
City Attorney's Office
Michael Dewey - Deputy City Attorney III - Effective
November 22, 1988
Patricia J. Zimmerman - Deputy City Attorney II _
Effective November 22, 1988
City Attorney Penman answered questions regarding the
urgency of these appointments.
Mr. Penman stated that this action would result in all
positions in his office being filled. There are eight
attorneys, six secretaries and two investigators. He
explained that there is an on-going savings of over
$3~~,~~~ by not having to farm out cases.
.
READING AND WAIVING OF ORDINANCES
City Clerk Clark read the titles of all the ordinances
on the Regular and Supplemental Agendas.
- 20 -
11/21/88
.
Council Member Pope-Ludlam made a motion; seconded by
Council Member Miller and unanimously carried, that
further reading of all the ordinances on the Regular and
Supplemental Agendas be waived.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTION 2.20l(a) OF THE UNIFORM
FIRE CODE 1985 EDITION TO AUTHORIZE THE
COLLECTION OF FEES FOR CERTAIN INSPECTIONS
CONDUCTED THEREUNDER AND SETTING THE AMOUNTS
OF SUCH FEES. (See Item 51, page 18) (52)
Council Member Reilly made a motion, seconded by
Council member Flores and unanimously carried, that said
ordinance be laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 2.17.010 RELATING TO THE
CEMETERY COMMISSION AND REPEALING SECTION
2.44.020 AND 2.44.030 IN THEIR ENTIRETY. (53)
(First)
.
The Mayor and Council
eliminating the Cemetery
problems with getting a
Cemetery Commissioners had
Council representatives over
discussed the reasons for
Commission which included
quorum at meetings. Some
expressed concern to their
the proposed action.
Council Member Maudsley made a motion, seconded by
Council Member Minor and unanimously carried, that said
ordinance be continued to January 17, 1989, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING CHAPTER 2.06 AND CHAPTER 3.04 OF
THE SAN BERNARDINO MUNICIPAL CODE TO
REQUIRE FORMAL CONTRACT PROCEDURES FOR
PURCHASES ABOVE THE VALUE OF TWENTY- FIVE
THOUSAND DOLLARS; TO AUTHORIZE NEGOTIATED
PURCHASES; TO INCREASE THE MAXIMUM OPEN MARKET
PURCHASES FOR WHICH NO BID IS REQUIRED; AND,
ADDING SECTION 3.04.090 TO THE SAN BERNARDINO
MUNICIPAL CODE PROVIDING FOR ANNUAL AUDIT OF
ACCOUNTS. (54)
Council Member Estrada
Council Member Pope-Ludlam
said ordinance be laid over
made a motion, seconded by
and unanimously carried, that
for final passage.
.
- 21 -
11/21/88
.
ORD: MC~643 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO ADDING CHAPTER 9.70 TO THE SAN
BERNARDINO MUNICIPAL CODE TO REQUIRE BLINDER
RACKS IN FRONT OF DISPLAYS OF HARMFUL MATTER,
AS DEFINED. (55)
Council Member Miller made a motion, seconded by
Council Member Reilly, that said ordinance be adopted.
Ordinance MC-643 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: None.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING CHAPTER 8.36 AND 10.06 OF THE SAN
BERNARDINO MUNICIPAL CODE TO TRANSFER AUTHORITY
TO REMOVE ABANDONED VEHICLES FROM THE FIRE CHIEF
TO THE SUPERINTENDENT OF PUBLIC BUILDINGS.
(See Item S-5, Resolution, page 20) (S-5)
Council Member Minor
Council Member Flores and
ordinance be laid over for
made a motion, seconded by
unanimously carried, that said
final passage.
.
Council Member Maudsley made a motion, seconded by
Council Member Miller, that the following resolutions be
adopted: (The other four resolutions follow the
discussion. See page 24)
RES. 88-447 - RESOLUTION ELECTING TO BE SUBJECT
TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE
ACT ONLY WITH RESPECT TO MEMBERS OF THE MANAGE-
MENT/CONFIDENTIAL UNIT. (S-6)
City Attorney Penman answered
is no conflict of interest for
retired City employees to discuss
questions, stating there
Council Members who are
this matter.
Andrew Green, Director of Finance, answered questions
regarding additional costs above and beyond the budgeted
insurance costs. He stated the total amount is
approximately 1.3 million dollars for the length of time
the present health plan has been in place. He stated that
none of that amount had been budgeted, and is a deficit in
the budget. The deficit has been running about $200,000 a
year.
Mr. Green explained that
$290,000 was budgeted above
to the City by the Wyatt
procedure had been to rely on
Company to establish a figure
for FY 1988-89, an additional
and beyond the rates provided
Company. Previously, the
the rates given by the Wyatt
for the budget.
.
- 22 -
11/21/88
.
Mr.
deficits
Council.
Green answered questions, stating that these
had not been brought to the attention of the
Gordon Johnson, Director of Personnel, answered
questions, stating that one reason he is recommending the
PERS plans is to avoid the problems that the City has
experienced in recent years with under-funding. Under the
PERS Plan, none of the plans would be self-funded. The
only obligation the City would have is what is in the MOUs
to provide for employees as partial or full premium
payment for those that sign up for plans and for retirees
participating in a more minimal reimbursement level.
Mr. Johnson explained that he didn't know exactly what
the City's "Run out" will be, because if the present self
insured plan is terminated in January or February, 1989,
there will be bills trickling in for the next three or
four months.
Mr. Johnson answered questions, stating the the PERS
Plan has been in effect since 1962.
.
Mr. Johnson explained that there are a number of
Health Maintenance Organizations (HMOs) that offer Kaiser,
Health Net, Partners, Maxi-Care and quite a few others
that would give City employees a greater variety of plans
to choose from than the City could offer. Two plans are
offered now.
Mr. Johnson stated that disadvantages to the new plans
are that the City looses control, and would not be able to
sit down with the Insurance Committee and Wyatt Co. to
discuss possible modifications and changes. The proposed
new plan would provide booklets that set forth available
plans, rates and effective dates. The new plan would
also provide savings in administrative charges.
Acting City Administrator Robbins
regarding the Workers' Compensation
those funds are now solvent.
answered questions
Plan, stating that
City Clerk Clark stated that she realized the
necessity of having to go to a new plan, but expressed
concern that many employees may not be aware that the City
is planning to make major changes in the health insurance
benefits.
.
Mr. Johnson explained that representatives from all
units had been invited to Insurance Committee meetings,
and the matter had been discussed at at least two
department head meetings. It was his opinion that
department heads and management had been informed.
- 23 -
11/21/88
~
.
Mr.
allowed
Plan.
none.
Johnson stated that in 1986, the State Legislature
individual bargaining units to go into the PERS
Prior to 1986, it had to be all the units, or
He stated he had not made contact with Ken Henderson,
President of the Management Association, but had met with
members of all the other units and they have all
concurred with it. He explained that if too many groups
leave, it becomes more of a problem to maintain a
self-insure plan. He stated that the Redevelopment Agency
has not yet decided to join the PERS Plan.
Mr. Johnson stated there was a time squeeze and a
decision should be made so that the new plan could go into
effect in January, 1989, for certain units.
Jim RObbins, Acting
the Redevelopment Agency
a meeting in December.
City Administrator, stated that
can present their health plan at
Mr. Johnson answered questions, stating that the PERS
Plan has allowances for units to leave the Plan - its not
necessarily a permanent arrangement.
.
RES.88-448 - RESOLUTION ELECTING
TO PUBLIC EMPLOYEES' MEDICAL AND
ACT ONLY WITH RESPECT TO MEMBERS
SAFETY UNIT.
TO BE SUBJECT
HOSPITAL CARE
OF THE POLICE
(S-7)
RES. 88-449 - RESOLUTION ELECTING TO BE SUBJECT
TO PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE
ACT ONLY WITH RESPECT TO MEMBERS OF THE MID-
MANAGEMENT UNIT. (S-9)
RES. 88-453 - RESOLUTION ELECTING TO BE SUBJECT
TO PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE
ACT ONLY WITH RESPECT TO THE GENERAL UNIT. (S-13)
RES. 88-451 - RESOLUTION ELECTING TO BE SUBJECT
TO PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE
ACT ONLY WITH RESPECT TO MEMBERS OF THE WATER
DEPARTMENT. (S-ll)
Resolution Nos. 88-447, 88-448, 88-449, 88-453, 88-451
were adopted adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
.
SR.
Sr.
Council
ASSISTANT CITY ATTORNEY BARLOW ARRIVED
Assistant City Attorney Barlow arrived
Meeting and replaced City Attorney Penman.
at
the
- 24 -
11/21/88
.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - REGULAR MEETING
The Regular Meeting of the Community Development
Commission/Redevelopment Agency was called to order by
Chairman Wilcox in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
JOINT PUBLIC HEARING - SALE OR LEASE OF YWCA
PROPERTY - 567 N. SIERRA WAY - CONTINUED FROM
OCTOBER 3, 1988
This is the time and place set for a joint public
hearing to consider the lease or sale of real property
located at 567 N. Sierra Way, among the City of San
Bernardino, the Redevelopment Agency and Young Women's
Christian Association. (R-9)
In a memorandum dated November 15, 1988, James
RObbins, Acting Executive Director, Redevelopment Agency,
gave the background of Commission and Council action
regarding the possible lease or sale of the YWCA
facilities. He provided alternative options for the sale
of the property ranging from $1.00 to Fair Market Value of
$280,000. He also provided provisions for a lease option.
.
Although no representative of the YWCA was present,
John Hoeger, Development Specialist, stated they had been
notified of the hearing.
Council Member Maudsley made a motion, seconded by
Council Member Reilly and unanimously carried, that the
jOint public hearing be continued to December 5, 1988, in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California, with specific notice given to
the YWCA.
READING AND WAIVING OF ALL RESOLUTIONS ON THE
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY AGENDA
City Clerk Clark read
resolutions on the Community
Redevelopment Agency Agenda.
the titles of
Development
all the
Commission/
Council Member Member Miller made a motion, seconded
by Council Member Flores and unanimously carried, that
further reading of all the resolutions on the Community
Development Commission/Redevelopment Agency Agenda be
waived.
.
- 25 -
11/21/88
.
RES. 88-452 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO FOR AFFIRMATIVE ACTION SER-
VICES. (R-10)
Council Member Estrada made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 88-452 was
vote: Ayes: Council Members
Maudsley, Minor, Pope-Ludlam,
Absent: None.
adopted
Estrada,
Miller.
by the following
Reilly, Flores,
Noes: None.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
RECESS MEETING - CLOSED
Council Member Estrada
Council Member Reilly and
meeting be recessed to
Government Code Section
following pending cases:
SESSION
made a motion, seconded by
unanimously carried, that the
a Closed Session pursuant to
54956.9(a) to discuss the
(R-14)
.
San Bernardino Valley Municipal Water District vs.
Redevelopment Agency, etc., et al - SBSC Case No.
223718;
San Bernardino Valley Municipal Water District vs.
All Persons - SBSC Case No. 219711
San Bernardino Valley Municipal Water District vs.
All Persons - SBSC Case No. 224322.
CLOSED SESSION
At 11:24 a.m., the Closed Session was called to order
by Chairman wilcox in the Conference Room of the Council
Chambers, 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, Minor Pope-Ludlam, Miller; Sr. Assistant City
Attorney Barlow; Acting City Administrator Robbins.
Absent: City Clerk Clark.
.
- 26 -
11/21/88
,
.
Also present: From the Redevelopment Agency: Steve
Dukett, Executive Director; Barbara Lindseth, Accounting
Manager; John Hoeger, Development Specialist.
CITY ATTORNEY PENMAN ARRIVED
At 11:27 a.m., City Attorney Penman arrived at the
Closed Session.
ADJOURN CLOSED SESSION
At 11:42 a.m., the Closed Session was adjourned to the
Regular Meeting of the Mayor and Common Council in the
Council Chamber of City Hall, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING
At 11:42 a.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, Acting
City Administrator Robbins. Absent: None.
.
DISCUSSION - CIVIL STATUS OF HIGHLAND ANNEXATION
FILM PRODUCTION - COUNCIL MEMBER ESTRADA
A request from Council Member Estrada to discuss
possible action regarding the civil status of the Highland
Annexation film production was placed on both the City's
supplemental agenda and on the Community Development/
Redevelopment Agency agenda. (R-15, S-l)
Mayor wilcox stated she had requested the Executive
Director of the Redevelopment Agency to perform an audit
to determine if any staff time and equipment were used in
the preparation of the Highland Annexation Firm production
and to validate these costs and to bring them forward.
City Attorney Penman stated he had discussed the
Highland annexation film and indirect costs, such as staff
appearing in the film, with the Mayor, and she had invited
his office to look into the matter.
Questions were raised regarding the costs associated
with producing the annexation slide show, and a suggestion
made that the public records needs to be set straight, as
the Police investigation was not satisfactory. Concerns
were expressed regarding the costs as they relate to the
City of San Bernardino, and the Redevelopment Agency.
.
- 27 -
11/21/88
.
Mayor wilcox indicated she was willing to pay for any
costs that were incurred by the City in the production of
annexation film in either staff time or the use of
equipment.
Jim Robbins, Acting City Administrator, stated he had
asked Mr. Green, Finance Director, to prepare an audit.
It is anticipated it would be at least six weeks before
the audit is completed, due to the holidays.
Questions were raised regarding the feasibility of the
audit in view of the amount of staff time that would be
required to complete the job.
It was also stated that many errors had been committed
by City officials in the past and probably would be in the
future and it was questionable whether such audit would be
justified under the circumstances. The City has been
involved in many annexation issues in the past.
A discussion ensued regarding a
effort when the City had provided funds
Commerce.
prior annexation
to the Chamber of
.
Jim Penman explained that
reiterates that a Mayor and
for the ballot, but may not
issue.
there is a recent case that
Council may prepare an item
spend funds to promote the
Mr. Penman suggested that rather than conduct a
complete audit, it might be sufficient that a Deputy City
Administrator contact people seen in the film and
ascertain if they were filmed while working on the job, or
if they were doing it specifically for the film. A
determination could then be made as to the costs
involved.
Mayor wilcox stated that she hoped the information
would be available soon and this matter settled. She also
stated she felt a definitive policy was needed in this
area.
City Attorney Penman stated he thought the law is
clear that public officials or bodies may vote to put
something on the ballot and prepare the amendment but they
may not spend staff time or public funds advocating a
position one way or the other. Information may be
provided. It is clear that a public official who
authorizes expenditure of public funds which he/she does
not have the authority to do, is personally liable.
.
No official action was taken.
- 28 -
11/21/88
I
,
.
RECESS MEETING - REDEVELOPMENT AGENCY WORKSHOP
At 12:07 p.m., Council Member Miller made a motion,
seconded by Council Member Reilly and unanimously carried,
that the meeting be recessed to the RDA Board Room for a
Community Development/Redevelopment Agency presentation by
Janss Corporation of a development concept in the downtown
area between Court and 4th Streets and between "D" and "E"
Streets.
RECONVENE MEETING
At 2:01 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 the City Clerk with the
fOllowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; Deputy City Attorney Empeno, City Clerk Clark,
Acting City Administrator Robbins. Absent: None.
.
PUBLIC HEARING - COUNCIL MINUTES OF MAY 18, 1988,
REGARDING IL LAND USE DESIGNATION - 272 S. PICO -
DOUG HEFFNER
This is the time and place set for a public hearing to
reconsider an item in the minutes of the Council Meeting
of May 18, 1988, regarding an IL Land Use Designation of
property located at 272 S. Pico. (The property is bounded
by Rialto Avenue on the north, Muscott on the west, Walnut
on the south, and the Flood Control Channel on the east.
The reconsideration was requested by Doug Heffner, owner
of the property at 272 S. Pico. (61)
Mayor Wilcox opened the hearing.
The appeal by Mr. Heffner is based on a difference in
the land use designation as set forth in the Council
Minutes of May 18, 1988, and what was indicated on a map
in the Planning Department as a result of that meeting.
Shauna Clark answered questions, stating that
surrounding property owners had not been notified of
hearing, and the only protest received was from
developer, Mr. Heffner.
the
this
the
Deputy City Attorney Empeno stated he understood there
is an issue regarding notices regarding this hearing, and
if the Council would like to continue the item for it to
be properly noticed, it would be appropriate.
.
Michael Loehr, Interim Planning Director, explained
the background of this appeal, and requested that the
- 29 -
11/21/88
~
.
hearing be continued to December 19, 1988, so that
notification can be given to adjacent property owners.
Doug Heffner, owner of property located
Pico, stated he had made arrangements to be out
December 19, 1988, and could not appear on that
at 272 S.
of town on
date.
Mr. Heffner read his letter dated November 15, 1988,
addressed to the Mayor regarding confirmation of this
meeting date for his appeal hearing. He stated that in
response to that letter, he received a telephone call from
a secretary telling him that the hearing would be delayed
until December 19, 1988.
Mr. Heffner stated that the property in question had
been in an industrial use designation for 22 years, and
questioned why residential sewers were installed.
Mr. Heffner stated he was having difficulty in getting
his questions and complained that the portion
of the Council Meeting of May 18, 1988, that
the land use designation of his property, as
the City Clerk's Office had been erased.
answers to
of the tape
dealt with
obtained in
.
City Clerk Clark stated that the
May 18, 1988, had been video taped
reviewing the tape would provide
Heffner's question regarding land use
Council Meeting of
and suggested that
an answer to Mr.
designation.
Ms. Clark also explained that Mr. Heffner had done
research in her office regarding sewers, and that the
Council Meeting tapes of May 18, 1988, had never been in
her office.
A discussion ensued regarding proper notification and
the properties to be included in the notification.
Deputy City Attorney Empeno stated that he didn't
think State Law required notice in this instance because
the issue is really approval of Council minutes, but he
felt it would be in the best interest of the City to send
notices as would be required for other hearings.
Mr. Heffner described the natural boundaries of the
properties surrounding his property, and stated he would
like for everyone in that area to be notified.
City Clerk Clark suggested that all those people whose
property would be affected by the Council action to change
the designation from industrial to residential, be
notified.
.
- 30 -
11/21/88
.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that
notices of the hearing be sent to all property owners on
property bounded by Ria1to Avenue on the north; Walnut
Street on the south, including property on the south side
of Walnut; and the railroad tracks on the east and west;
and that said appeal hearing be continued to January 17,
1989, at 2:00 p.m., in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
Steve Gold, 1167 Angelo Dr., Beverly Hills,
California, a partner of Mr. Heffner described the
difficulties he had experienced in obtaining information
from the Redevelopment Agency regarding an environmental
impact survey negative declaration, and other
information.
City Attorney Penman requested that the video tape
mentioned earlier in the discussion be delivered forthwith
to the City Clerk's Office.
Mayor Wilcox apologized to Mr. Heffner for the delays
and inconvenience he had experienced.
.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
APPEAL - DENIAL OF REVIEW OF PLANS NO. 88-60 _
MULTI-TENANT RETAIL BUILDING - NORTHEAST CORNER
OF WATERMAN AND HOSPITALITY LANE - M. S.
PARTNERSHIP - CONTINUED FROM OCTOBER 24, 1988
This is the time and place continued to for
consideration 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
property is located at the northeast corner of Waterman
Avenue and Hospitality Lane. (62)
Michael Loehr, Interim Planning Director, answered
questions, and recommended that this item be continued to
December 19, 1988, as the meeting with the Flood Control
District had not yet been established.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
appeal hearing regarding denial of Review of Plans No.
88-60, be continued to Monday, December 19, 1988, at 2:00
p.m., in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
.
Deputy City Attorney Empeno asked whether or not the
applicant is in agreement with the continuance.
- 31 -
11/21/88
.
John Lightburn; P. O. Box 1622, San Bernardino, CA
92402, representing Michael Palmer and Associates, stated
he was in concurrence with the continuance.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
APPEAL HEARING - INVALID PLANNING COMMISSION
ACTION REGARDING GRANTING OF SEWER CONNECTION
WAIVER - 1041 HILL DRIVE - NORM HELBLEY - CONTINUED
FROM NOVEMBER 7, 1988
This is the time and place continued to for
consideration of an appeal filed by Norm Helbley regarding
the Planning Commission's invalid action granting a sewer
connection waiver and the subsequent action by the
Engineering Department denying permits for said waiver on
property located at 1041 Hill Drive. (63)
Mayor wilcox opened the hearing.
.
Roger Hardgrave, Director of Public Works/City
Engineer, explained that Mr. Helbley had been at the
Council Meeting during the morning session, but was not
able to attend this afternoon. He also stated that this
item had been discussed at a recent Legislative Review
Committee meeting, at which time the Committee suggested
approval of the four recommended motions. Mr. Helbley's
son was in attendance at the meeting and concurred with
approval of the four motions.
Deputy City Attorney Empeno stated
appellant was aware of this hearing,
present, the Council should take action.
that since
but was
the
not
Council Member Reilly made a motion, seconded by
Council Member Miller and unanimously carried, that the
hearing be closed; that the appeal by Mr. Norm Helbley,
relative to permits for 1041 Hill Drive not having been
issued due to invalid Planning Commission action, be
denied;
That approval be granted to reimburse Mr. Norm Helbley
for costs incurred in extending the sewer main in excess
of 300 feet, as required to obtain sewer service for 1041
Hill Drive, at an estimated amount of $18,000;
That the transfer of $18,000 from Account No.
245-365-57729, "Interceptor Sewer - Phase VIII", to Acct.
No. 245-365-57730, "Hill Drive, west of "I" Street", be
approved;
.
- 32 -
11/21/88
.
That the proposed reVlSlon to Sub-Section B of Section
13.32.070 of the Municipal Code be approved in principle,
and the City Attorney be directed to prepare the final
draft for adoption.
COUNCIL
Counc il
Meeting and
MEMBER POPE-LUDLAM RETURNED
Member Pope-Ludlam returned
took her place at the Council
to the
Table.
Council
ADOPTION OF REVISED GENERAL PLAN CALENDAR
In a memorandum dated November 7, 1988, Michael Loehr,
Interim Planning Director, presented the proposed General
Plan Calendar, which listed key milestone dates which must
be met in order to complete and adopt the revised General
Plan. (64)
Mayor Wilcox stated that the calendar
reviewed by the General Advisory Task Force, the
Advisory Committee and the Planning Commission.
had been
Citizens
Interim Planning Director Loehr answered questions
regarding the milestone dates for the adoption of the
General Plan.
.
Concern was expressed regarding the
scheduling of dates and inadequate meetings
input and Council consideration.
very tight
for public
Michael Loehr, Interim Planning Director, answered
questions, stating that the dates do meet State law
requirements. He explained that the first date the
Environmental Impact Report would be available to the
public on March 8, 1988. The final date for adoption of
the Plan is May 31, 1988.
City Attorney Penman stated
great potential for litigation,
requlres the Mayor and Council to
Citizens Advisory Committee had a
the schedule provided a
and that the schedule
do in one month what the
year to accomplish.
Shauna Clark pointed out
election days: March 7, and
traditionally, the Council
days.
that two of the dates fall on
May 3, 1989. She stated that
does not meet on election
Council Member Maudsley made a motion, seconded by
Council Member Reilly and unanimously carried, that the
proposed General Plan Calendar be referred to the General
Plan Task Force Committee.
.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council Meeting
and took her place at the Council Table.
- 33 -
11/21/88
.
.
APPEAL ~ PLANNING COMMISSION'S APPROVAL _
TENTATIVE TRACT NO. 13530 - 45 LOT SUBDIVISION _
CONTINUED FROM NOVEMBER 7, 1988
This is the time and place continued to for
consideration of an appeal filed by Alan Walters, adjacent
property owner, on the Planning Commission's approval of
Tentative Tract No. 13530 for a 45 lot subdivision located
on the southwest corner of Ohio and Palm Avenues. The
owner/applicant is Palm Avenue Investors. (65)
Mayor wilcox opened the hearing.
Interim Planning Director Loehr explained the
background. He stated that Mr. Walters is appealing the
Planning Commission's approval of Tentative Tract No.
13530 and the deletion of the requirement to provide
access to his property by an improved public street
(Meyers Road). He is requesting that the Mayor and
Council reconsider the approved conditions of the tract,
and that the Meyers Road access to his property be
required as a condition of approval.
.
Mr. Alan Walters, 4933 North "F" Street, explained
that he had appealed the decision of the Planning
Commission which would not directly, but incidentally
proposed a street vacation of an unimproved dedicated
street which he has been using for the past 10 1/2 years
for access to his property.
Mr. Walters stated that he and the developer, Michael
Cole, had reached an agreement that he would not vacate
Meyers Road under the following conditions:
1. The realignment will not exceed a 20.00 foot
offset from its current position at the westerly boundary
of Tract No. 13530.
2. At the construction stage of development, a sewer
lateral will be constructed in Meyers Road to the westerly
boundary of Tract No. 13530.
3. At the construction stage of development, the
existing fence and gate will be relocated, and the
existing dirt driveway will be regraded to allow future
access to the Walters Parcel from the westerly end of
future Meyers Road.
Deputy City Attorney Empeno stated that the Planning
Commission recommended approval of the Tentative Tract Map
which included a street vacation, which would have vacated
a portion of Meyers Road, which is presently a dedicated
right of way leading from Palm Avenue to Mr. Walters'
.
- 34 -
11/21/88
.
property. In order to approve this Tentative Tract Map in
that the
have to
so that
Planning Commission did, a street
take place and that a discussion
a decision would be in a proper
the same form
vacation would
be held now,
perspective.
Mr.
Walters
City is
parties.
Empeno referred to the agreement between
and Mr. Cole and cautioned the Council that
not a party to any agreement between those
Mr.
the
two
Mr. Empeno stated he didn't think the Council could
condition Mr. Walters' property based on the passage of
this Tentative Tract Map. He recommended approval of
Motion No. 2 that provides a temporary cul-de-sac, to
include the same language in the agreement between Mr.
Cole and Mr. Walters regarding Conditions 1 and 2.
Mr. Empeno answered questions of the Council.
Interim Planning Director Loehr recommended approval
of motion No.2, with the deletion of the provision
relating to the cul-de-sac, and the addition of
Conditions 1, 2, and 3.
.
Deputy City Attorney
Meyers Road needs an
recommended that the Planning
review any alignment prior to
Empeno stated the realignment of
Environmental study. He
and Engineering Departments
Council approval.
Mayor wilcox indicated she had not seen a copy of the
agreement between Mr. Cole and Mr. Walters.
Deputy City Attorney Empeno explained the street
vacation issue, and explained that once the street had
been vacated, the City has lost the right-of-way. He
recommended that the street not be vacated because the
City could be open for damages.
Council Member Minor made a motion, seconded by
Council Member Pope-Ludlam, that the hearing be closed;
that the Mayor and Council approve the appeal and approve
Tentative Tract No. 13530 subject to the Findings of Fact,
Conditions of Approval, including that Meyers Road access
to Mr. Walters property be provided by a temporary
cul-de-sac abutting his property, and Standard
Requirements contained in the October 4, 1988, staff
report; and that the Mayor and Council adopt a Negative
Declaration for the project.
.
A discussion ensued regarding the motion. Concern was
expressed that all the issues were not clear.
- 35 -
11/21/88
.
Council Member Minor made a substitute motion,
seconded by Council Member Maudsley and unanimously
carried, that the appeal hearing regarding Tentative Tract
No. 13530 be continued to 2:00 p.m., December 5, 1988, in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
AYSO SOCCER PARK - PACIFIC AND ORANGE STREETS _
REQUEST FOR FINANCIAL SUPPORT - CONTINUED FROM
NOVEMBER 7, 1988
This is the time and place continued to for
consideration of a request from Roger Itaya, Regional
Commissioner of the American Youth Soccer Organization,
for financial support and ballfield maintenance of the
AYSO Park located at Pacific and Orange Streets. (56)
Mayor wilcox stated that there is still
agreement between the Parks, Recreation &
Services Department and the School District.
no written
Community
.
Council Member Minor made a motion, seconded by
Council Member Miller and unanimously carried, that the
request for financial support and ballfield maintenance
for AYSO Park be continued to December 19, 1988, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
FRANCHISE - PETROLEUM PIPELINE - ASSIGNMENT -
SOUTHERN PACIFIC PIPE LINES, INC. - CONTINUED
FROM NOVEMBER 7, 1988
This is the time and place continued to for
consideration of a request from Southern Pacific Pipe
Lines to assign their petroleum pipeline franchise to
Southern Pacific Pipe Lines Partnership, L.P., due to its
intention to reorganize and recapitalize their business.
(57)
City Attorney Penman stated that the City had granted
what was termed a franchise to Southern Pacific Pipe Lines
some time ago. He stated that although it is called a
franchise, it is not legally a franchise. Basically, it
is a pipe carrying gas across the City, but there are no
outlets in the City and gas is not distributed to
residents. It is actually a right-of way, and should be
sold on that basis. He explained that the City received
$47 last year in payment.
.
City Clerk Clark explained that the
on 2% of sales within the City, and
revenue is based
that her office
- 36 -
11/21/88
.
receives a statement each year of how much has been sold
in the City.
Roger Hardgrave, Director of Public
Engineer, answered questions regarding the
stating there didn't seem to be an emergency
this action completed.
Works/City
franchise,
in getting
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, the
the request for an assignment of the franchise from
Southern Pacific Pipe Lines, Inc., to Southern Pacific
Pipe Lines Partnership, L.P. be continued to January 3,
1989, in the Council Chambers of City Hall, 31313 North "D"
Street, San Bernardino, California.
.
AUTHORIZATION TO CLOSE STREET - PENNSYLVANIA
AVENUE - SUSIE LANE - LINCOLN AVENUE - ORANGE-
WOOD ESTATES - APPROVAL OF "K" RAIL - CONTINUED
FROM NOVEMBER 7, 1988
This is the time and place continued to for
consideration of a request to evaluate the possibility of
limiting vehicular access to Orangewood Estates, a tract
of 313 homes located on Pennsylvania Avenue between 16th
Street and 17th Street. The request was initiated due to
on-going problems with crime and vandalism in the area
that has remained undeveloped. (58)
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
RES. 88-453 - RESOLUTION OF THE CITY OF SAN
BERNARDINO DETERMINING THAT PORTIONS OF PENN-
SYLVANIA AVENUE FROM 1675 PENNSYLVANIA AVENUE
NORTH TO 19TH STREET, 17TH STREET, FROM SUSIE
LANE EAST TO THE EAST TRACT LINE OF TRACT 112613,
SUSIE LANE FROM 1675 SUSIE LANE TO LINCOLN AVENUE,
LINCOLN AVENUE FROM PENNSYLVANIA AVENUE TO THE
EAST LINE OF TRACT 11261, ARE NOT PRESENTLY NEEDED
FOR VEHICULAR ACCESS.
City Clerk Clark read the title of the resolution.
Council Member Reilly made a motion, seconded
Council Member Maudsley and unanimously carried,
further reading of the resolution be waived.
by
that
City Attorney Penman stated that the Ci ty could not
have a temporary closure, but the streets could be
barricaded.
. Roger Hardgrave, Director of Public Works/City
Engineer, stated the closure would be in effect until the
- 37 -
11/21/88
.
adjoining lots are developed. At that time it would be
opened to allow access to the houses.
Council Member Miller made a motion, seconded by
Council Member Maudsley and unanimously carried, that a
finding be made that the closure of Pennsylvania Avenue,
Susie Lane and Lincoln Avenue is needed for Health &
Safety Reasons; that the expenditure of $4,000 from
Account No. 242-000-41803 for the purchase of
semi-permanent concrete barriers ("K" Rail) be approved;
and that said resolution be adopted.
Resolution No. 88-453 was
vote: Ayes: Council Members
Minor, Miller. Noes: None.
Estrada, Pope-Ludlam.
adopted
Reilly,
Absent:
by the following
Flores, Maudsley,
Council Members
COUNCIL MEMBERS ESTRADA, POPE-LUDLAM RETURNED
Council Members Estrada, Pope-Ludlam returned
Council Meeting and took their places at the
Table.
to the
Counc il
.
REQUEST TO RECONSIDER COUNCIL ACTION - "NO
CONFIDENCE" VOTE CONCERNING POLICE CHIEF _
COUNCIL MEMBER MINOR
In a memorandum dated November
Member Minor requested reconsideration
Confidence" vote of the Police Chief.
10, 1988, Council
of the Council "No
(59 )
Council Member Minor made a motion, seconded by
Council Member Reilly, that the Council reconsider
previous action regarding the "No Confidence" vote of the
Police Chief.
The
Council
Council
motion
Members
Members
carried
Reilly,
Estrada,
by the following vote:
Maudsley, Minor, Miller.
Flores, Pope-Ludlam.
Ayes:
Noes:
Mayor wilcox stated she was pleased that this matter
is being reconsidered. She felt that Chief Burnett has
done his utmost to cooperate and has instituted a new
vehicle seizure process, and has improved communication
with various City departments and other governmental
entities.
Police Chief Burnett responded to comments by the
Council regarding his performance as Police Chief and his
reaction to the "No Confidence" vote by the Council. He
described many new programs he had instituted and stated
that communication between his department and the District
.
- 38 -
11/21/88
.
Attorney's Office had greatly improved. He stated that in
the past, communication had failed between his office and
the District Attorney, and assumed responsibility for that
failure.
It was pointed out that much of the previous
discussion leading to the "No Confidence" vote occurred in
Closed Session, so the issues cannot be discussed in open
meetings.
Council Member Minor
Council Member Reilly, for
Police Chief.
mad e a
a vote
motion, seconded
of confidence in
by
the
The
Council
Members
None.
motion failed by the following vote:
Member Reilly, Maudsley, Minor. Noes:
Estrada, Flores, Pope-Ludlam, Miller.
Ayes:
Council
Absent:
.
IMPASSE HEARING - FIRE FIGHTERS LOCAL 891 _
CHARTER AMENDMENT - SECTION 234C - TAX ALLOCATION
FOR PERS CONTRIBUTION
City Attorney Penman explained that he is recommending
that a proposed Charter amendment be placed on the ballot
at the next City Election to be held on March 7, 1989, to
determine whether voters still want this section left in
the Charter. (71)
Mr. Penman explained that Section 234C provides that
the City shall levy a tax to meet the City's obligation to
PERS. He stated that based on the language in the Charter
section and the fact that the Fire Department Union has
been advocating its enforcement, he felt the issue should
be brought to the voters to determine whether or not the
section should be enforced, or repealed.
City Clerk Clark stated
December 2, 1988, if this
because of the deadline
arguments for or against
that she would need
item would be on
for publishing the
the measure.
to know by
the ballot
notice of
Capt. Tom Parlett, President of the
Union, stated this issue was brought up in
City did not act to collect the tax.
Firefighters
1980, but the
It was suggested that a Council Meeting be held on
Monday, December 5 1988, to discuss this matter.
.
RECESS MEETING
At 4:24 p.m.,
seconded by Council
that the meeting be
- CLOSED SESSION
Council Member Minor made a motion,
Member Flores and unanimously carried,
recessed to a Closed Session to meet
- 39 -
11/21/88
.
with its
relations
54957.6.
designated representatives regarding labor
matters pursuant to Government Code Section
(Firefighter negotiations) (70)
CLOSED SESSION
At 4:24 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 "D" Street, San
Bernardino, California. (70)
ROLL CALL
Roll Call was taken with the following being present:
Mayor Wilcox; Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller; City Attorney
Penman, Acting City Administrator Robbins. Absent: City
Clerk Clark.
Also present: Gordon Johnson, Director of Personnel;
Coleman Walsh, negotiator for the City.
FINANCE DIRECTOR GREEN ARRIVED
At 4:47 a.m., Andy Green, Finance Director, arrived at
the Closed Session.
.
ADJOURN CLOSED SESSION
At 4:55 p.m., the Closed Session was 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 4:55 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, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, Acting
City Administrator Robbins.
IMPASSE HEARING WITH FIRE FIGHTERS
This is the time and place set for
with Fire Fighters Local 891.
LOCAL 891
an impasse hearing
(71)
Mayor Wilcox recommended that the matter of Section
234C of the Charter be continued one week for further
discussion as whether or not a measure should be placed on
the March 7, 1989, ballot.
.
Capt. Tom
Union, stated
Parlett,
that this
President
was the
of the Firefighters
first time that the
- 40 -
11/21/88
.
Firefighters had reached impasse in negotiations and gave
the reaons why he felt this had occurred.
Mr. Parlett also stated that Charter Section 186 only
guarantees the average salaries of other cities for the
Police and Fire Departments, and that the benefits
presently offered by the City are at the botttom as
compared to what other cities offer.
Council Member Minor made a motion, seconded by
Council Member Miller and unanimously carried, that the
impasse hearing be continued to 4:00 p.m., Monday,
December 5, 1988, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
.
CLOSED SESSION TO DISCUSS LABOR RELATIONS
Council Member Minor made a motion, seconded by
Council Member Flores and unanimously carried, that the
Closed Session to meet with designated representatives
regarding labor relations matters pursuant to Government
Code Section 54957.6 be continued to 4:00 p.m., November
28, 1988, to decide whether a measure amending Section
234C of the City Charter should be placed on the March 7,
1989, ballot. (70)
COUNCIL
Council
Meeting and
MEMBER POPE-LUDLAM RETURNED
Member Pope-Ludlam returned
took her place at the Council
to the
Table.
Council
RES. 88-454 - RESOLUTION ELECTING TO BE SUBJECT
TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE
ACT ONLY WITH RESPECT TO MEMBERS OF THE FIRE
SAFETY UNIT. (S-8)
Council Member Flores made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 88-454 was
vote: Ayes: Council Members
Maudsley, Minor, Pope-Ludlam,
Absent: None.
adopted
Estrada,
Miller.
by the following
Reilly, Flores,
Noes: None.
.
SEWER SERVICE REQUEST FOR PROPERTY OUTSIDE
CORPORATE CITY LIMITS - TENTATIVE TRACT
13944, 42ND STREET BETWEEN 3RD AVENUE AND
"F" STREET - 20 SINGLE FAMILY DWELLING UNITS
In a memorandum dated November 8, 1988, Bernard
Kersey, Ex-Officio Secretary, Board of Water
Commissioners, (Director, Administration & Finance, Water
- 41 -
11/21/88
.
Department) explained that Hafif Properties and the County
of San Bernardino Environmental Health Department had
requested that Tentative Tract 13944 be authorized to
connect to the City's sewer system. This project is a 20
unit single family housing development located on 42nd
Street between 3rd Avenue and "F" Street, outside the
corporate City limits and is not adjacent to the current
City boundaries. The County's Environmental Health
Department has delayed approval of this project to pursue
connection to the sewer system in lieu of septic tanks,
because of potential negative impact to groundwater
quality. (60)
Herb Wessel, General Manager, Water
present to answer questions regarding
outside sewer service.
Department, was
the request for
City Attorney Penman explained the City's dilemma with
regard to a $7,800,000 Federal grant that was received to
build a regional sewage treatement plant. When the grant
was received, the City was to have developed a plan to
bring surrounding communities on-line by the year 2000.
Absent such a plan, the City is in a bad position when it
refuses to grant requests for outside City sewer hook
ups.
.
The City Attorney referred to
from the State of California,
$7,800,000 grant.
a November, 1987, letter
which administered the
Herb Wessel,
answered questions
future capacity of
General Manager, Water
regaring the grant and the
the treatment plant.
Department,
present and
Council Member Minor made a motion, seconded by
Council Member Pope-Ludlam, to approve the request of
Hafif Properties to connect Tentative Tract 13944 to the
San Bernardino City sewer system and authorize the
Director of Public Works/City Engineer to enter into an
agreement for outside City sewer service.
The
Council
Council
None.
motion carried by the following vote:
Member Reilly, Minor, Pope-Ludlam, Miller.
Members Estrada, Flores, Maudsley.
Ayes:
Noes:
Absent:
Mayor Wilcox vetoed the motion, stating that all facts
are not yet before the Council on the issue of regional
use of the sewage treatment plant.
.
Council Member Maudsley made a motion, seconded by
Council Member Estrada and unanimously carried, that the
- 42 -
11/21/88
.
City Attorney be instructed to follow up on the November,
1987, letter from the State to see how firm their stand is
on regional use in light of the growth in the valley, and
that staff be instructed to contact County Environmental
Health regarding the results of septic tank use for this
development.
CLOSED SESS IONS
At 6:06 p.m., Council Member Minor made a motion,
seconded by Council Member Miller and unanimously carried,
that the Common Council recess to Closed Session pursuant
to the following:
Government Code
attorney regarding
initiated formally
follows:
Section 54956.9 (a) to
pending litigation
to which the City
confer with its
which has been
is a party as
(S-3 & 69)
Lines vs. City of San Bernardino - San Bernardino
Superior Court Case No. 221289;
City of San
Management, Inc.,
Case No. 238755;
Bernardino vs. California
et al - San Bernardino
Construction
Superior Court
.
Saldecke, et al vs. City of San Bernardino, et al-
San Bernardino Superior Court Case No. 236836;
Cable Lake
San Bernardino
239649;
Association vs. City of San Bernardino-
Superior Court Case No. 239714 and Case No.
City of
Club, Inc.
239193;
San Bernardino vs. San Bernardino
San Bernardino Superior Court
Baseball
Case No.
Stubblefield Construction Company, et al vs. City of
San Bernardino, et al - San Bernardino Superior Court Case
No. 232998;
Juan Manuel Sanchez vs. City of San Bernardino
United States District Court Case No. CV87-2291 AWT (Bx);
Charles H. Brown vs. City of San Bernardino - San
Bernardino Superior Court Case No. 243087;
Sock Dawson, et al vs. City of San Bernardino - United
States District Court - Case No. SA 88-461 AHS (RWRx)
.
CLOSED SESSION
At 6:06 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 "D" Street, San
Bernardino, California.
- 43 -
11/21/88
.
ROLL CALL
Roll Call was taken with the following being present:
Mayor Wilcox; Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller; City Attorney
Penman, City Clerk Clark, Acting City Administrator
Robbins. Absent: None.
Also present:
Deputy City Attorney
Risk Management.
Assistant City Attorney Denice Brue;
John Wilson; John Kirwan, Director,
ADJOURN CLOSED SESSION
At 6:30 p.m., the Closed Session was 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 6:30 p.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, Acting
City Administrator Robbins. Absent: None.
CLOSED SESSION DISCUSSION - Anderson vs. City
Mayor Wilcox announced that an unlisted case was
discussed in Closed Session. The need to discuss the
case: Anderson vs. City - Superior Court Case 45956.9A,
arose subsequent to the Agenda posting deadline so the
Council voted in Closed Session to discuss the case.
ADJOURN MEETING
At 6:40 p.m., Council Member Maudsley made a motion,
seconded by Council Member Minor and unanimously carried,
that the meeting be adjourned to 4:00 p.m., Monday,
November 28, 1988, in the Council Chambers of City Hall,
300 North "0" Street, San Bernardino, California. (72)
~//U/~~
/ Ci ty Clerk
No. of Items: 91
.
No. of Hours:
9.5
- 44 -
11/21/88