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HomeMy WebLinkAbout06-05-1989 Minutes , r . City of San Bernardino, California June 5, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9: 113 a.m., on Monday, June 5, 1989, in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by John Lowe of Campus Crusade For Christ International. PLEDGE OF ALLEGIANCE The Pledge of Allegiance Kelsey Ostoj and Ian Williams. grandchildren) . was led by Lacy Ostoj, (Council Member Reilly's . 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. OATH OF OFFICE - MAYOR W. R. HOLCOMB City Clerk Clark administered the Oath of Office to Mayor W. R. Holcomb. OATH OF OFFICE - COUNCIL MEMBER ESTRADA, COUNCIL MEMBER REILLY AND COUNCIL MEMBER MAUDSLEY City Clerk Clark administered the Oath of Office of to Council Member Estrada, (First Ward), Council Member Reilly (Second Ward), and Council Member Maudsley (Fourth Ward). RECESS MEETING - RECEPTION FOR NEWLY ELECTED OFFICIALS At 9: 55 a.m., the meeting was recessed until 113: 213 a.m. to hold a reception honoring the newly elected Mayor and re-elected City officials. RECONVENE MEETING At 113: 213 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. . 1 6/5/89 , . ROLL CALL Roll Call was taken by Ci ty Clerk Clark with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Senior Assi stant City Attorney Barlow, Ci ty Clerk Clark, Acting Ci ty Administrator Robbins. Absent: Mayor Holcomb, Council Member Pope-Ludlam. PUBLIC COMMENTS - THE SWORD Roger Dumas, who identified himself as "The Anti-Christ of Revelations, True Lord of Scripture", asked that a resolution be passed recognizing him as the Ci ty of San Bernard ino' s mascot. (A) PRESENTATIONS/APPOINTMENTS There were no presentations time. or appointments at this (B) . APPROVAL OF COUNCIL MINUTES - MAY 1, 1989, MAY 6, 1989, MAY 10, 1989, MAY 15, 1989 Council Member Minor made a motion, seconded by Council Member Flores, that the minutes of the Mayor and Common Counc i 1 of the Ci ty of San Bernardino held on the following days be approved as submitted in typewritten form: May 1, 1989; May 6, 1989; May 10, 1989; May 15, 1989. (1) Council Member Reilly stated that he would abstain because he was unable to attend the meetings. The motion carried by the Council Members Estrada, Flores, Noes: None. Abstain: Council Council Member Pope-Ludlam. following vote: Maudsley, Minor, Member Reilly. Ayes: Miller. Absent: APPROVAL OF COUNCIL MINUTES - MAY 20, 1989 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Mayor and Common Council of the City of San Bernardino held on May 20, 1989, be approved as submitted in typewritten form. (1) CONTRACT - FISCALINI FIELD BALLFIELD LIGHT INSTALLATION - GEORGE JUGOVIC CONSTRUCTION - APPROVAL AND ACCEPTANCE OF WORK PER PLAN NO. 7332 In a memorandum dated May 3, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that all work under contract wi th George Jugovic . 2 6/5/89 . Construction for the installation of ballfield lighting at Fiscalini Field has been satisfactorily completed as of April 4, 1989, for a final contract price of $136,399.29. (3) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor for the installation of ballfield lighting at Fiscalini Field per Plan No. 7332, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Flores 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 May 23, 1989, be approved. (4) . PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions submitted by the Director of Personnel, dated May 19, 1989, in accordance with all administrative regulations of the City of San Bernardino, be approved. (5) BOARD OF BUILDING COMMISSIONER RESOLUTIONS _ MEETING OF APRIL 7, 1989 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the fOllowing Board of Building Commissioners I resolutions be received and filed: (6) BBC 1283 Louis & Natalie Miller 345 S. Stoddard BBC 1284 Dolores Flores 2181 W. Washington BBC 1285 SBRECO 1265 W.19th Street BBC 1286 Lovie Armstead c/o 723 S. Valley View Deloise Mills BBC 1287 Fisher Properties 3945 N. Sierra Way BBC 1288 Alice Neal A.K.A. 1611 Kendall Lisa Hilliard . SET PUBLIC HEARING - RATE INCREASE _ RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION In a memorandum dated May 18, 1989, Manuel P. Moreno, Jr., Director of Public Services, requested that a public hearing be set for the purpose of receiving pUblic comment relative to a proposed rate increase in the residential 3 6/5/89 I r . and commercial refuse collection proposed rates were included with Exhibits "A - F". fees. A listing of the the staff report marked (2) Acting City Administrator Robbins answered questions regarding the public hearing notification process. A discussion ensued regarding automated collection being conducted only in the Fifth Ward concern of many residents that once a week pickup sufficient. refuse and the was not . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that a public hearing be scheduled for Monday, June 19, 1989, at 10: 00 a.m., for the purpose of receiving public comment relative to a proposed increase in the residential and commercial refuse collection fees from seven dollars ($7.00) per month to nine dollars and fifty cents ($9.50) per month for twice weekly residential pick-up and from seven dollars ($7.00) per month to eight dollars and sixty cents ($8.60) per month for once a week automated collection. Increase in commercial accounts is in accordance with attached Exhibits "B" through "F" and residential in Exhibit "A". PUBLIC HEARING - WEED ABATEMENT ASSESSMENT _ FOURTH AND KENDALL STREETS - MICHAEL P. AND BRENDA ALLEN Thi s is the time and place set for a publ ic hear ing concerning the weed abatement costs as requested by Michael P. and Brenda Allen, owners of property located at Fourth and Kendall Streets. (7) In a memorandum dated May 4, 1989, Manuel P. Moreno, Jr., Director of Public Services, stated that evidence was presented at the Board of Building Commissioners hearing of January 6, 1989, regarding property located at Fourth and Kendall Streets. The Board approved the sum of $1667.26 against the owners and ordered that a lien be placed on the property, if the assessments are not paid. In a letter dated April 7, 1989, Michael P. Allen, owner of the property, stated that he had not received proper notification of the pUblic nuisance on his property, and requested tha t thi s matter be heard before the Mayor and Common Council. . 4 6/5/89 I T . Mayor Holcomb opened the hearing. Michael Allen, 3119 Pepper Tree Lane, San Bernardino, California, stated that he owns property including several vacant lots in San Bernardino and that he has always abated his own property. Mr. Allen stated that he had permitted landscaping rocks and boulders to be placed on his property located at Fourth and Kendall, but planned to move the mater ial to another location at a later date. He stated that he had never received notification from the City that there was a problem with his property until he had received the billing notice for clean-up in the amount of $1667.26. Mr. Allen stated that he had sent a December 1988, objecting to the assessment requesting a continuance of the Board of Commissioner's meeting of January 6, 1989. letter in costs and Building Pat Zimmerman, Deputy City Attorney, stated that the Board of Building Commission did not receive notice from Mr. Allen requesting a continuance of the hearing of January 6, 1989. . Deputy City Attorney Zimmerman answered questions regarding whether the Allens were notified of the Board of Building Commissioner I s hearing of January 6, 1989. She stated that a notice had been sent to the Allens by regular mail. Mr. Allen stated that the notice of public nuisance should have been sent by certified mail and recalled a previous problem he had with the Public Services Department concerning another parcel he owns. Deputy Ci ty Attorney Zimmerman addition to the removal of weeds, materials were also taken away. sta ted tha t in rocks and other Deputy City Attorney Zimmerman answered questions regarding pictures being taken of properties to be abated. Manuel Moreno Jr., Director of Public Services, explained the abatement notice procedures. He stated that two notices were sent by regular mail to the Allens and that pictures were taken of the property. . 5 6/5/89 I r . A discussion ensued regarding the appeal process that is afforded to the public to appeal any decision made by various commissions. Deputy City Attorney Zimmerman stated that the appeal process is necessary, especially in those situations when an appellant has exhausted all City adminstrative procedures and goes to court. A discussion ensued on this matter without presented to the Board of regarding Council taking action having seen evidence that was Building Commission. Council Member Estrada made a motion that this matter be brought back at the next Council Meeting with pictures and notices so that Council can see the same evidence that was presented to the Board of Building Commission. Acting City Administrator Robbins indicated that a folder containing pictures and other information that was presented to the Board of Building Commissioners is forthcoming. Council Member Estrada withdrew her motion. . It was the consensus of the Council to continue this matter until pictures and other information arrives from Publ ic Serv ices. (See Page 10 ) READING AND WAIVING OF RESOLUTIONS Ci ty Clerk Clark read the ti tles of all the resolu- tions on the Council Agenda and the Supplemental Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN ADOPTING POLICY IMPLEMENTING WORKPLACE ACT OF 1988. (This resolution was later reconsidered.) (See Page 8 ) BERNARDINO DRUG FREE (11) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. . 6 6/5/89 . RES. 89-16~ - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. .CREATING AND ESTABLI SHING POS IT IONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ADDING THE POSITION OF EXECUTIVE ASSISTANT TO THE CITY ADMINISTRATOR IN THE CITY ADMINISTRATOR'S DEPARTMENT. (12) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 89-16~ was vote: Ayes: Counc i 1 Member s Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 89-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (l~) . In a memorandum dated May 9, 1989, Thelma Press, Executive Director of Cultural & International Affairs, stated that the Inland Empire Symphony has requested financial assistance for the Fiscal Year 1988-89, in order to defray the expense of certain concerts, shows, festivals or events. The Fine Arts Commission had approved a grant request for $5~,~~~.~~ at their meeting of April 14, 1989. A discussion ensued regarding the period of support requested by the Inland Empire Symphony. Acting City Administrator Robbins answered questions regarding the Inland Empire Symphony's budget which was attached to the staff report as supporting documents. A discussion ensued regarding the Ways and Means Committee determining the level of funding to be received by Fine Arts for cultural programs. Acting City Administrator Robbins stated that funds requested by the Inland Empire Symphony were allocated for Fiscal Year 1988-89 and were identified as Fine Arts funds. . 7 6/5/89 l . Thelma Press, Executive Director of International Affairs, stated that the Symphony is pressed for funds. CuI tural and Inland Empire The Mayor time taken by assistance. and Common Council discussed the amount of the Symphony to submit a request for Thelma Press explained that the San Bernardino Arrowhead Opera Association had disbanded and was taken over by the Symphony. She stated that in the future all requests for assistance will be submitted at the beginning of the fiscal year. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 89-161 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: Council Member Minor. Absent: Council Member Pope-Ludlam. . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING SECTION TWO AND ONE-HALF OF RESOLUTION NO. 8234 ESTABLISHING PARKING RESTRICTIONS FOR THE THIRD LEVEL OF THE CIVIC CENTER PARKING STRUCTURE. (Continued from April 17, 1989) (9) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the resolution be referred to the Legislative Review Committee. RES. NO. 89-162 - RESOLUT ION OF SAN BERNARDINO ADOPTING POLICY DRUG FREE WORKPLACE ACT OF 1988. THE CITY OF IMPLEMENTING (11) Council Member Estrada made a motion, seconded by Counc il Member Mi ller and unanimous ly carr ied, that said resolution, adopted earlier in the meeting, be reconsidered to allow Mr. Tucker to speak. (See Page 6 ). In a memorandum dated April 26, 1989, Gordon R. Johnson, Director of Personnel, stated that the Drug-Free Workplace Act of 1988 which was signed into law on November 18, 1988, provides that as a condition of doing . 8 6/5/89 . business with the Federal Government, a contractor seeking a contract for goods or services with a value of $25,000 or more must certify to the contracting agency that the contractor will provide and maintain a drug-free workplace. John Tucker, behalf of the San support of having Workplace Act of resolution he found of Attachment "A". 9798 Beach, Fontana, Ca., spoke on Bernardino Mid Management Chapter in a policy implementing the Drug Free 1988. However, after reviewing the a problem with the language on Line 4 He explained that under the Penal Code the definition of a controlled substance includes prescription drugs. He requested that the language be changed so that those employees who take prescription drugs are not unjustly affected by this resolution. Senior Assistant City Attorney Barlow stated that a key word in this particular resolution is "unlawful". He stated, however, that a sentence can be inserted in Attachment "A" addressing those concerns, but recommended against it. . A discussion ensued Attachment "A". regarding the language in COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be amended by interdelineation inserting the words "without a prescription" on Line 4, Page 1 of Attachment "A", and adopted as amended. Resolution No. 89-162 was vote: Ayes: Council Members Minor, Mi ller. Noes: None. Maudsley and Pope-Ludlam. adopted Estrada, Absent: by the following Reilly, Flores, Council Members PUBLIC HEARING - WEED ABATEMENT ASSESSMENT- FOURTH AND KENDALL STREETS - MICHAEL P.AND BRENDA ALLEN - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a pUblic hearing to discuss the weed abatement assessment for property located at Fourth and Kendall Streets, as . 9 6/5/89 i i , l__ . requested by Michael and Brenda Allen. continued to allow the Public Services opportunity to obtain pictures and other regarding this property. (See Page 4) This item was Director an information (7) Pat Zimmerman, Deputy City Attorney, distributed pictures, a letter of complaint regarding the property on Fourth and Kendall Streets , and the notice of the Board of Building Commissioner's hearing. Mr. Allen stated, after reviewing the pictures, that he did not recognize the pictures as his property. He described his property size and stated that these pictures do not appear to be his property. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned Meeting and took his place at the Council to the Table. Council A discussion ensued regarding Mr. Allen's claim that the pictures are not of his property and whether this matter should be referred back to the Board of Building Commission for further review. . Mr. Allen stated that he is willing to continue this matter so that he may have an opportunity to check to make sure that the pictures are not of his property. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that this matter be continued to June 19, 1989, at 10:l.H3 a.m., in the Council Chambers of City Hall, 30liJ North "D" Street, San Bernardino, California; and that the Public Services Director be directed to check and make sure the pictures are those of Mr. Allen's property. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order at 11:45 a.m., by Mayor Pro Tempore Reilly in the Council Chambers of City Hall, 3liJliJ North "D" Street, San Bernardino, California. READING AND WAIVING OF RESOLUTIONS Ci ty Clerk Clark read the ti tles of the resolutions on the Community Development Commission/Redevelopment Agency agenda. . 10 6/5/89 . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolutions be waived. RES. 89-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR I ZING THE EXECUTION OF AN AGREEMENT BETWEEN THE COMMUN ITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AND THE CITY OF SAN BERNARDINO FOR COUNCIL OFFICE SERVICES. (R-5) In a memorandum dated May 30, 1989, Steve Dukett, Executive Director of the Redevelopment Agency, stated that the agreement between the Redevelopment Agency and the City was revised to reflect that all designated services performed by the Council Office be documented and reported to the Agency on a monthly basis. (R-5) Phil Arvizo, Executive Assistant to Council, answered questions regarding the amount of time it would take to prepare the reports on a monthly basis. . Executive Director Dukett, stated that this agreement is moot, because services have already been rendered. He stated that a new contract is being proposed for the new year that will require billing to be done on a quarterly basis. Council Member Flores made a motion, seconded by Council Member Miller that said resolution be adopted. Resolution No. 89-163 was vote: Ayes: Council Members Maudsley, Minor, Mi ller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council SET PUBLIC HEARING - MILES HOUSE RESTORATION Pursuant to a memorandum dated May 30, 1989, from Steve Dukett, Executive Director of Redevelopment Agency, Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a joint public hearing be held on June 19, 1989, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the sale of certain real property owned by the Redevelopment Agency within the Central City North Project Area to Rock Enterprises, subject to the conditions described in the staff report. (R-6) . 11 6/5/89 r . RES. 89-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH JOHN C. HEERS, INC. FOR ACQUISITION OF NECESSARY EASEMENTS TO ALLOW CONSTRUCTION OF REQUIRED OFF-SITE IMPROVEMENTS BY TRACT NO. 10260. (17) (Acacia Avenue to Hill Drive) COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. In a memorandum dated May 11, 1989, Roger Hardgrave, Director of Publ ic Works/Ci ty Eng ineer, stated tha t the extension of Acacia Avenue to Hill Drive is needed as a secondary access to Tract No. 10260. The right-of-way will be required from two parcels for off-site improve- ments. He stated that the subdivider has made repeated attempts to negotiate with the owner of Parcel No. One, but without success. (17) . Bill Heers, 1416 E. Cooley Drive, answered questions regarding Parcel needed for off-site improvements. negotiations are still going on with No. One. Colton, California, No. One which is He stated that the owner of Parcel Senior Ass i stant Ci ty Attorney Bar low explai ned the eminent domain process. Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 89-164 was vote: Ayes: Counc i 1 Members Maudsley, Minor. Noes: None. Pope-Ludlam and Miller. adopted by the following Estrada, Reilly, Flores, Absent: Council Members COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. . RECESS MEETING - CLOSED SESSION COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY At 12:00 p.m., the Mayor and Common Council acting as the Communi ty Development Commi ssion recessed to Closed Session. 12 6/5/89 . RECONVENE MEETING At 12:15 p.m., Mayor Pro Tempore Reilly called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. RECESS MEETING At 12:15 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council be recessed until 2: 00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . RECONVENE - MEETING At 2:00 p.m., Mayor Holcomb called the Meeting to order in the Council Chambers of City North "0" Street, San Bernardino, California. Regular Hall, 300 ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. PROCLAMATION - KIDS AGAINST CRIME - JUNE 5, 1989 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming June 5, 1989, as Kids Against Crime Day. (B) Irv Warsau, Chairman of Adult Board of Directors, was present to accept the proclamation. Council Council Member adopted: Member Minor made a motion, seconded by Maudsley, that the following resolutions be . 13 6/5/89 . RES. 89-165 - 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 EXECUTIVE ASSISTANT TO THE CITY ADMINISTRATOR AT RANGE 4150 ($3399-4143/MO.) EFFECTIVE JUNE 6, 1989. (13) RES. 89-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUl SANCES AND IMPOS ING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (14) RES. 89-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUl SANCES AND IMPOS ING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (15) . RES. 89-168 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 53 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (UNIVERSITY PARKWAY AND NORTHPARK BLVD.) (16) Resolution Nos. 89-165, 89-166, 89-167, 89-168 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. Council Member Flores made a motion, seconded by Council Member Minor, that the following resolutions be adopted: RES. 89-169 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFC 2541. (S/O RIALTO AVENUE, W/O TIPPECANOE AVENUE) (18) . 14 6/5/89 . RES. 89-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO IPS SERVICES, INC. FOR REHABILITATION OF PARKING LOTS AT LYTLE CREEK PARK. (20) RES. 89-171 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 19, LOCATED BETWEEN NINTH STREET AND THE SANTA ANA RIVER. (21) . RES. 89-172 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 982 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT IN THE AREA OF PIEDMONT DRIVE; ORDERING THE AMENDMENT AND EXPANSION OF THE BOUNDARIES AND SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 982. (22) Resolution Nos. 89-169, 89-170, 89-171, 89-172 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. VACATION OF FRONTAGE ROAD - WEST OF WATERMAN SOUTH OF CAROLINE STREET - NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated May 15, 1989, Roger Hardgrave, Director of Publ ic Works/Ci ty Eng ineer, stated that the Environmental Review Committee had recommended adoption of a Negative Declaration and Consistency with Interim Policy Document for the vacation of a frontage road approximately 830 feet long, located west of Waterman Avenue and south of Caroline Street. (S-l) Director Hardgrave pointed out that past practice has been to have the Negative Declaration adopted prior to or concurrently with the resolution of intention. . 15 6/5/89 . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Negative Declaration for Public Works Project No. 89-14, vacation of a frontage road approximately 830' long, located west of Waterman Avenue and south of Caroline Street, be adopted; and that a finding be made that the vacation of a frontage road approximately 830' long, located west of Waterman Avenue and south of Caroline Street, is consistent with the Interim Policy Document. RES. 89-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET AND RESERVING EASEMENTS THEREIN. (19) . In a memorandum dated May 10, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the City of Riverside has expressed concern regarding ingress and egress to their property. In order to alleviate those concerns, the Resolution Ordering the Vacation will be contingent upon the granting of an easement to the City of Ri verside from the adj oin ing property owner, The Sunset Group. The Council discussed changing the hearing date on Line 3, Page 2 of the resolution to July 17, 1989. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be amended by interdelineation by changing the date on Section 3, Line 3, Page 2 of the resolution to read "July 17,1989", and adopted as amended. Resolution No. 89-173 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 89-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO L. BARRIOS & ASSOCIATES INC. FOR THE FURNISHING AND DELIVERY OF THE LANDSCAPE MAINTENANCE CONTRACT, TO BE UTILIZED BY THE PARKS, RECREATION & COMMUNITY SERVICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-03. (23) . 16 6/5/89 . Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-174 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absen t: Counc il COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the following resolutions be adopted: . RES. 89-175 -RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 14184, LOCATED AT THE NORTHWEST CORNER OF JUNE STREET AND CAJON BOULEVARD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZ ING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION WITH TIME FOR PERFORMANCE SPECIFIED. (S-2) RES. 89-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING APPROVING A REVISED BUDGET FOR THE SENIOR NUTRITION PROGRAM TO INCLUDE AN ADDITIONAL ONE-TIME GRANT SUM OF $15,933.00 FOR THE PURCHASE OF EQUIPMENT NECESSARY TO IMPROVE THE MEAL SERVICE FOR THE BUDGET YEAR 1988-89. (S-3) RES. 89-177 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, APPROVING A REQUEST FOR A 30' WIDE TRANSMISSION LINE EASEMENT FROM SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, LYING WITHIN CITY OWNED PROPERTY KNOWN AS DEVIL CANYON. (S-4) Resol ution Nos. 89-175, 89-176, 89-177 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . 17 6/5/89 . READING AND WAIVING OF ORDINANCES Ci ty Clerk Clark read the titles of all the ordinances on the Council Agenda. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinances on the Council Agenda be waived. Council Member Minor made Council Member Maudsley that the adopted: a motion, seconded by following ordinances be COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. ORD. MC-661 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 2.36.020 AND ADDING SECTION 2.36.030 TO ACCEPT THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF POLICE PUBLIC SAFETY DISPATCHERS. (24) . ORD. MC-662 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 2.44.030 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE TO DELETE AUTHORIZATION FOR "THE SALE OF MONUMENTS OR GRAVE MARKERS." (26) Ordinance Nos. MC-661, MC-662 were following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Miller. Absent: Council Member Estrada. adopted Reilly, Noes: by the Flores, None. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED Senior Assistant City Attorney Barlow left the Council Meeting and was replaced by City Attorney Penman. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the Council Table. . ORD. MC-663 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SUBSECTION B, OF SECTION 13.32.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE ADDITIONAL EXCEPTIONS TO THE REQUIREMENT THAT DEVELOPMENTS BE REQUIRED TO CONNECT TO THE CITY SEWER SYSTEM. (25) 18 6/5/89 c . City Attorney Penman explained the differences between the two versions of the ordinance. He stated that version one gives authority to the Director of Public Works/City Engineer to waive or modify, the requirement to connect to City Sewer, and version two gives authority to the Mayor and Common Council. Council Member Maudsley made a motion, seconded by Council Member Estrada, that version two of said ordinance be adopted. Ordinance MC-663 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 AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A SPEED ZONE ON PIEDMONT DRIVE OF THIRTY-FIVE MILES PER HOUR BETWEEN PALM AVENUE AND SEINE AVENUE. (27) . In a memorandum dated April 28, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request to establish a 25 mile per hour speed limit on Piedmont Drive had been received from a Piedmont Drive resident. (27) Roger Hardgrave Advisory Committee establish a 35 mile between Palm Avenue stated that the Traffic Safety approved the recommendation to per hour speed zone on Piedmont Drive, and Seine Avenue. Kathy Oiler, 3843 E. Piedmont, San California, requested that the speed limit Drive be established at 25 miles per hour. Bernardino, on Piedmont Richard Zimmerman, 3894 Piedmont, expressed his concerns regarding the 35 miles per hour speed limit on Piedmont Drive. He stated that according to the Vehicle Code the speed limit for residential area is 25 miles per hour. He stated that a speed survey does not show safety conditions, only how many cars travel a street. Mr. Zimmerman added that Piedmont Drive is a small two lane street, and curves along a four block area. . 19 6/5/89 f- . Council Member Maudsley made a motion, seconded by Council Member Miller, that the speed limit along Piedmont Drive between Palm Avenue and Seine Avenue be established at 25 miles per hour. Roger Hardgrave, Di rector of Publ ic Works/Ci ty Engineer, stated that at present, the speed limit is 55 miles per hour. He stated that piedmont Drive does not meet the criteria for a prima-facie 25 mile per hour speed limit under the California Vehicle Code. Director Hardgrave recommeded that the 55 miles per hour speed limit be lowered to 35 miles per hour along Piedmont Drive between Palm Avenue and Seine Avenue, based on a traffic engineering study that was conducted to develop a recommended speed zone. He stated that by establishing a 35 mile per hour speed limit this will satisfy the criteria for a prima-facie speed limit, and allow the Police to use radar to enforce the speed zone. Mr. Zimmerman disagreed wi th Director Hardgrave regarding the interpretation of the California Vehicle Code, which states that the speed limit in a residential area is 25 miles per hour. . City Attorney Penman stated that the Police Department can use alternative methods of enforcing the speed limit. Mr. Zimmerman stated that from a survey conducted on Piedmont west of La Praix Avenue of the 92 vehicles surveyed, 12 vehicles were surveyed to be going faster than 35 miles per hour. Director Hardgrave answered questions explaining the 85% percentile in the survey conducted on Piedmont west of La Praix Avenue. He stated that the average speed is 313 miles per hour. Acting City Administrator stated that the conditions of the street had changed since the striping of piedmont Dr i ve. He suggested that a new study be prepared and brought back to the Mayor and Council. Council Member Maudsley withdrew his previous motion. . Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said ordinance be continued to June 19, 1989, at 9:1313 a.m., in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California, pending a new study. 213 6/5/89 , . "G" STREET FROM SIXTH LIMIT INFORMATION Roger Hardgrave agreed Estrada information relative Street to Baseline. STREET TO BASELINE SPEED to provide Council to "G" Street from Member Sixth GOLDEN EAGLE INSURANCE COMPANY - SECURITY RATING In a memorandum dated May 19, 1989, City Attorney Penman stated that Golden Eagle Insurance Company is not listed in Best's Rating Guide and that the bonds submitted by Marlborough Development Company as security for off-site improvements for a residential housing project on the north slope of Little Mountain, were rejected. (29 ) . In a letter dated April 10, 1988, Deputy City Attorney Zimmerman submitted Legal Opinion No. 89-13, concluding. . "that the municipal code requires bonds executed by companies classified as "A" or better in the 1988 Best's Rating Guide as security for improvements or performance. Companies with a NA-3 rating have insufficient experience upon which to be rated. The NA-3 bonds would not comply with the requirements of the municipal code and therefore would be unacceptable as security for improvements or performance". In a letter dated May 12, 1989, Thomas G. McCall, Vice President, Anderson and Anderson, 2495 Campus Drive, Irvine, CA 92715, requested to be heard by the Mayor and Common Council regarding Golden Eagle Insurance Company. Terry Gage, Surety Manger, Golden Eagle Insurance Co., 7175 Navajo Road, San Diego, Ca. 92119-1642, distributed to the Council a folder containing the following documents: a) 1988 Annual Statement of Golden Eagle Insurance Company; b) Quarterly Statement; c) Certified Letter from the State of California Department of Insurance; d) Amended Certi fica te of Author i ty for State of Cal i fornia Department of Insurance; e) Certificate of Compliance; f) Financial Profile Statutory; f) Listing of Management Staff; g) Letters of Recognition from Ci ty of San Diego, Koll Construction Co., Turner Construction Co., and Chevron U.S.A. Ms. Gage read into the record her letter dated June 2, 1989, which explains why Golden Eagle does not have an "A" Best rating. . 21 6/5/89 . City Attorney Penman stated that the San Bernardino Municipal Code Section 18.44.020 requires that security bonds be executed by companies classified as "A" or better in the 1988 Best's Rating Guide. Terry Gage explained that Golden Eagle Insurance Company could not get an "A" rating from Best until they had been in business for five years. Council Member Minor made a motion, seconded by Counc il Member Pope-Ludlam, that Marlborough Development Company be required to provide a substitute security from a surety with a rating of "A" or better in the Best 's Rating Guide, for a tract of 117 single family dwellings located south of Kendall Drive and east of Little Mountain Drive. Council Member Maudsley stated he would abstain because he represents Golden Eagle Insurance Company. . The motion carried by Council Members Estrada, Pope-Ludlam, Miller. Noes: Member Maudsley. the following vote: Reilly, Flores, None. Abstain: Ayes: Minor, Council RECESS MEETING At 2.50 p.m., Mayor Holcomb called for a 10 minute break. RECONVENE MEETING At 3:00 p.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. PUBLIC HEARING - FY 1989-90 CDBG FUNDING RECOMMENDATIONS This is the time and place set for a public hearing on FY 1989/90 CDBG funding recommendations prepared by the Community Development Citizen Advisory Committee. (8) . 22 6/5/89 ~ . In a memorandum dated May 18, 1989, Kenneth J. Henderson, Director of Community Development, stated that sixty-one (61) proposals were submitted during the period of February 21, 1989 through 4:00 p.m., March 23, 1989, requesting financial assistance in the following categories: Category Approved Funds FY 1989/90 Public Services $258,600.00 (Includes Fair Housing) Capital Improvements $631,600.00 Administration $91,860.00 Mayor Holcomb opened the hearing and announced that those organizations who did not receive funds would be allowed to speak. The following were present to request support: . HOMELESS OUTREACH AND REFERRAL Hank Thomas and Mary Greenberg of Homeless Outreach and Referral, 772 West 4th Street, requested that their program be reconsidered for funding in the amount of $19,500. Ken Henderson, Director of Community Development, provided an overview of the CDBG Program Mix. Mr. Thomas answered questions regarding other available funding for the homeless referral program. JUVENILE FIRESETTER INTERVENTION PROGRAM Brenda Rice offered the Juvenile Firesetter Intervention Program at no cost to the City and explained how the program worked. Ken Henderson answered questions regarding the Fire- setter Intervention proposal. WHITNEY YOUNG MEMORIAL COMMUNITY CENTER AND CLINIC Ann Ivy, Public Health Nurse, County of San Bernardino and Al Harkins, Director of Housing Authority, County of San Bernardino, requested that Project Cheer be reconsidered for funding in the amount of $20,000. . 23 6/5/89 . YWCA Cathy Stole, Teacher at Harmon School, on behalf of "Y" Friends, a group of handicapped students, requested that their proposal be reconsidered. She stated that included in the proposal was a request for a van that would provide transportation for those students. Sydney French, Adult Education Teacher, San Bernardino City Schools, stated that 14 students are picked up on a daily basis who volunteer their time at the YWCA. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting. Peggy Swinehart of the proposal submitted in the reconsidered for funding. YWCA requested that the amount of $20,000 be . SAN BERNARDINO COUNTY COMMUNITY HOUSING Mary Irving, Director of San Bernardino County Community Housing Resource Board, stated that she did not understand why her proposal had been denied and requested a review of the Community Development Citizen Advisory Committee's recommendations. Ken Henderson answered questions regarding the proposal submitted by San Bernardino County Community Housing Resource Board and explained the new fair housing requirements. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED Senior Assistant City Attorney Barlow arrived at the Council Meeting and replaced City Attorney Penman. INLAND AREA NATIVE AMERICAN ASSOCIATION Sharon Sarnowski, Executive Director for Area Native American Association, requested program be reconsidered for funding in the $20,000. the Inland that her amount of Ken Henderson stated that the Inland Area Native American Association's proposal was denied, because it had been submitted after the 4:00 p.m., March 23, 1989 deadline. Director Henderson answered questions regarding alternative funding sources for organizations that were not recommended for funding by Community Development Citizen Advisory Committee. . 24 6/5/89 . CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting and replaced Senior Assistant City Attorney Barlow. A discussion ensued regarding the funding limits that were established under the Public Services category. Director Henderson answered questions regarding the approval deadline for the CDBG proposals. It was recommended that all proposals recommended for funding, and those not recommended for funding, be provided in a document to Council for review. Ken Henderson answered internal procedure of aprising recommended for funding. questions regarding those agenc ies tha t the are . It was suggested that in the future, Council might want to set a policy that once the Citizen Advisory Committee has reviewed the CDBG proposals and has prepared a list of recommendations, those recommendations should come to the Mayor and Common Council first, and then Council can make the final decision. Director Henderson stated that there is a public hearing process that must be complied with. He stated that there is a plan for citizen participation which requires each request for financial assistance be reviewed by the Community Development Citizen Advisory Committee prior to the Committee submitting their recommendations to the Mayor and Common Council. Mr. Henderson pointed out that the City would have to be very careful about amending the ci ti zen participation plan to insure that the City remains in compliance. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the public hearing be closed; and that the following com- ponents be approved: CAPITAL IMPROVEMENT RECOMMENDATIONS Use of Funds/Description Center for Individuals with Disabilities/Community Center Amount Recommended $ Hl,000.00 . 25 6/5/89 . Family Service Agency Office Improvements/Rehabilitation $ 19,785.IHl San Bernardino Public Library May Coddington Branch $ 1,131313.1313 San Bernardino Public Library Villasenor Branch $ 1,735.1313 More Attractive Community Foundation History Walk $ 9,51313.1313 San Bernardino Building and Safety Department Seismic Study $ 66,8613.1313 San Bernardino Public Works Department Highway Safety Lighting $ 86,131313.1313 San Bernardino Public Works Department Sewer System $149,61313.1313 . San Bernardino Parks, Recreation and Community Services Security Lighting and Fencing $ 73,131313.1313 San Bernardino Parks, Recreation and Community Services Parking Lot Sur- facing $ 82,875.1313 San Bernardino Parks, Recreation and Community Services Land Acquisition $131,245.1313 Total Capital Improvement Projects Recommended $631,61313.1313 FUNDING RECOMMENDATIONS RELATING TO MID-YEAR REQUESTS APPROPRIATED RESERVE ACCOUNT AND RE-PROGRAMMED CDBD FUNDS Use of Funds Amount Recommended Main Street, Inc. Clerical Support $ 16,6413.1313 . 26 6/5/89 . San Bernardino Public Services Department - Street Resurfacing $ 66,988.00 San Bernardino Planning Department Historical Resources Study $ 25,000.00 Young Men Christian Association Pool Reno- vation $ 15,000.00 San Bernardino Parks, Recreationand Community Services Department Park Acquisition $ 57,755.00 San Bernardino Public Works Department Sewer System $126,500.00 . Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Public Services recommendations come back to the Mayor and Common Counc il on Wednesday, June 7, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the time for the Council Meeting be set at 3 p.m., Wednesday, June 7, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 4:05 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Common Council recess to Closed Session under the following Government Code Sections: (30, 31, 32, 33, 34) Section 54957 - to consider personnel matters; Section 54957.6 to meet with its designated representatives regarding labor relations matters; Section 54956.9 (b) (1) - to regarding pending litigation, exposure to litigation; confer with its attorney as there is significant . 27 6/5/89 . Section 54956.9(c) to confer with its attorney regarding pending litigation, so that Council may decide whether to initiate litigation; Section 54956.9(a) to regarding pending litigation formally to which the City is confer with its attorney which has been initiated a party as follows: City of San Management, Inc., Case No. 238755; Bernardino vs. Cali fornia Construction et al - San Bernardino Super ior Court Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino -San Bernardino Superior Court Case No. 239714 and Case No. 239649; Ci ty of Club, Inc., 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court 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. 243~87; Sock Dawson, et al vs. City of San Bernardino, et al -United States District Court - Case No. SA 88-461 AHS (RWRx) ; Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; Barratt, Inc., vs. City of San Bernardino - San Ber- nardino Superior Court Case No. 242433; Highland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; Wi Ibourn vs. Ci ty - San Bernard ino Super ior Court Case No. 238248; . 28 6/5/89 r . Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Catlett vs. City of San Bernardino - Superior Court Case No. 243182; Giberson vs. City of San Bernardino, McKee - San Bernardino Municipal Court Case No. 120331; Patel vs. City of San Bernardino - San Bernardino Superior Court Case No. 247732. CLOSED SESSION At 4:05 p.m., the Closed Session was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL Roll following Estrada, Miller; Robbins. CALL Call was taken by Ci ty Clerk Clark wi th the being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, City Clerk Clark, Acting City Administrator Absent: City Attorney Penman. . Also relations Personnel. present were consultant, Steve Gordon Filarski, Johnson, City's labor Director of FILARSKI AND JOHNSON EXCUSED Steve Filarski and Gordon Johnson left the Closed Session. CITY ATTORNEY PENMAN, ASSISTANT CITY ATTORNEY BRUE DEPUTY CITY ATTORNEYS WILSON AND DEWEY ARRIVED Ci ty Attorney Penman, Assi stant Ci ty Attorney Brue, Deputy City Attorneys Wilson and Dewey arrived at the Closed Session. DIRECTOR OF RISK MANAGEMENT SCHUBERT, TOM CAIN - LIABILITY CLAIMS SPECIALIST Art Schubert, Director of Risk Management, and Tom Cain, Liability Claims Specialist, arrived at the Closed Session. GREG MIDDLEBROOK AND JIM HIGGINS - LAW FIRM OF FURNESS, MIDDLEBROOK AND KAISER ARRIVED Greg Middlebrook and Jim Higgins of Furness, Middlebrook and Kaiser, arrived at the Closed Session. . 29 6/5/89 . COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Closed Session. WILSON, HIGGINS, CAIN, MIDDLEBROOK, SCHUBERT EXCUSED Deputy City Attorney Wilson; Jim Higgins and Greg Middlebrook of Furness, Middlebrook and Kaiser; Director of Risk Management Schubert, and Liability Claims Specialist Cain left the Closed Session. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Closed Session. MAYOR HOLCOMB EXCUSED Mayor Holcomb left the Closed Session. ADJOURN - CLOSED SESSION At 5:05 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 5:05 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 Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Holcomb. DUFFY STREET DISASTER AREA The City Clerk announced the following actions taken in Closed Session: The Mayor and Council delegated authority to the Fire Chief to determine if it is safe for people to return to their homes in the area east of the 500 foot no entry zone, and to authorize the Police Department or other public employees to remove the "Enter at Your Own Risk" signs. The City Attorney was authorized to negotiate with CAL NEV and Southern Pacific and hold off going into court until Thursday, June, 8, 1989. . 30 6/5/89 . LYNES V. CITY OF SAN BERNARDINO In Closed Session the Mayor and Council voted to hear an emergency matter that arose subsequent to the posting of the Council Agenda. That was the case of Lynes v. City of San Bernardino (221 289) ADJOURN MEETING At 5:10 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the meeting be adjourned to 3:00 p.m., Wednesday, June 7,1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (35) No. of Items: 48 Sh'tW#H ~ ~ City Clerk 4~~~ ~ . No. of Hours: 6 hrs. 15 min. . 31 6/5/89